Loading...
HomeMy WebLinkAbout05-2976 .. . IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA Andrew S FLEMING, Plaintiff CIVIL ACTION - DIVORCE No. 200.(- ]q"1L {/;o;L~~ vi. Christine A FLEMING, Defendant 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 within twenty (20) days after this Complaint and Notice are served. 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 ch i Idren. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013, 717.240.6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISIONOF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OffiCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 717.249.3166 800.990.9108 . IN lHE COURl Of COMMON PLEAS Of lHE 91H JUDICIAL DIS1RIC1 CUMBERLAND COUN1Y - PENNSYLVANIA Andrew S fLEMING, Plaintiff CIVIL ACTION - DIVORCE No. 2005- ). '11'-- v. Christine A flEMING, Defendant COMPLAINl 1. Plaintiff is Andrew 5 fLEMING, who currently resides at 248 Chestnut Drive, Shippensburg, Cumberland County, since May 2004. 2. Defendant is Christine A FLEMING, who currently resides at 703 Baltimore Road, Shippensburg, Cumberland County, since 1978. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 18, 1978 at Cumberland County, Pennsylvania. . 5. There have been no prior actions of divorce or for annulment between the parties except NONE. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. ~<Y Forest N. Myers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717.532.9046 Fax 717.532.8879 e-mail fnmvers@earthlink.net I .. , verify that the statements made in this Complaint are true and correct. I understand that false statements herein are ade subject to th penalties of 18 Pa. Cons. Stat. S 4904, relating to unswor falsifi 0 0 au orities. O"e ~ --- ---- p (:) .Jq. - t.'1l ...0 \) - ~ B \l'" ~ D ~ p:! zj r ~ "'-'-... (") C ....'.,. ~C\"" I].~' i.., ~::t1 . (f; _" ~'C -~. " '"., ;;' (~~ k) ~ .-.> c' ~ c.- c: -,'.... -- - q, ~;,~8 ' "'''1\..:J .pb.,b 1::> :r.:~~ -0 i;;.(''') :>-: "Sm 'c-, J~J ::<: 4-? 0) CSJ f"j(!"";!II"::.,,,:,"5IuJuiL),y:<':"\:ril'd F((.<:,:'<irl,:,.\d')m'.~<;I;"'.' ',":1": ..i,,-',....!'I,.'I:';I'~::: j'ld,r-\'_.J,.p! <:'d. 'H!ll:'C"; ,j-,- IN THE COURT OF COMMON f'lEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYlVANIA Andrew S FLEMING, Plaintiff CIVIL ACTION - DIVORCE No. 2005 - 2976 v. Christine A flEMING, Defendant ACCEPTANCE OF SERVICE I, Samuel L Andes, Esquire, Attorney for Christine A Fleming, Defendant, in the above-captioned matter, hereby accept service of the Complaint on behalf of Christine A Fleming on this ~ day of JUNE, 2005. Date: '2. '- \rVW -t ~ S&~dE~ ~ 525 North Twelfth Street Lemoyne PA 17043 (') (";: ~-: N c:::::" ~ t..... S ."'.- o -n ...... ::L-n: rn-- Ff. -rJCJ ::-:~'} \ :::i(';) :,~;:;i :;-~ ;~(7 <'")1"'11 '.:..:'-4 -~ :~ f',' CO -a -~.;- - .. w S:\Share\SharedDocs\Word Processing\Clients\Fleming. Andrew S\04-60-0177\-Non-Mil svc aff-Divorce matters20060908.doc IN THE COURTOF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA Andrew S FLEMING, Plaintiff CIVIL ACTION - DIVORCE No. 2005 - 2976 v. Christine A FLEMING, Defendant AFFIDAVIT OF NON-MILITARY SERVICE PURSUANT TO P.A.R.C.P. 1920.46 I, Andrew S FLEMING, say that I am the Plaintiff in the above-captioned matter; that I personally know that the Defendant is over the age of eighteen (18) years; and the Defendant is not in the military service or any branch of the armed forces of the United States or its allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, and the amendments thereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements made hereunder are subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification t Date: August 25, 2006 o s; .,~. r: ,..., c::;) C:::' cr ~n r, ....0 - c.,,) s~ 9.4""1 'r4'7; 4"(~C~) ),-,.' , ,,"c. -. -""'.. - "~\. .~ C?? N (...) S:\Share\SharedDocs\Word Processlng\Clients\Fleming, Andrew S\04-60-0177\-Consent - Andy's.Divorce matters20060824.doc IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYlVANIA Andrew S FLEMING, Plaintiff CIVIL ACTION - DIVORCE No. 2005 - 2976 v. Christine A flEMING, Defendant AFFIDAVIT OF CONSENT A complaint in divorce under 93301(c) of the Divorce Code was filed on June 09, 2005. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904 relating to unsworn falsification to aut rities. Date: August 25, 2006 ,..., e..:) C) C;)- a" -n U' -l r'" :C--n --c' ri1f";::; _"r't'\ W -;-D,ll> .::'(-\ ?':,: -CC' -I! 1" ~-<.- -- c;<\.", '- {?f1i C 9? J~ ~ .. .~ N ,..{ ~ , , , , \ \ , ~ \ \ S:\Share\SharedDocs\Word Processing\Clients\Fleming, Andrew S\04-6D-017'f1r.Waiver - Andy's-Divorce matters20060824.doc IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA Andrew S FLEMING, Plaintiff CIVIL ACTION - DIVORCE No. 2005 - 2976 v. Christine A FLEMING, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER f3301(c) OF THE DIVORCE CODE. I consent to the entry of a final decree of divorce without notice. 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. 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 statement made in this affidavit are true and correct. I understand that false statements herein are mad subject to the penalties of '8 Pa. C.S. S 4904 relating to unsworn falsification to aut orities. Date: August 25, 2006 (') "-" c:;, (~ s; = -n cO' ~, (/) -I r.' ~ r'-l _.,-\~ " rnr= -0\1.1 W ~,,:,~ ~,-",I ", c\ c- 'iO, :t:''' .~,:-;; ::::>:: C) , /~r-r1 C~ 0:> "::::1 =j f'0 55 "- c'..,) -< ,- ANDREW S. FLEMING, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 2005-2976 CHRISTINE A. FLEMING ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on a and served upon the Defendant on 22 June 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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. clt.(~ ~ \ I aC/l$.o ated' ~N.T,ud c./lRI1'U1 C ISTINE A. FLEMING ,..., 1~") "" "'" "i'\ cr- (/) ~..,.., iT'l --r,-} nlpz: - ~~;.l:~; <,.) ( -:.',C' "f- C=: ,_",'-;1 ~ ~.- ~. ~. C) C::~ 0':> grn 2~ ..". .:2. N 5:1 {.., "< SETTLEMENT AGREEMENT Between Andrew S Fleming and Christine A Fleming Forest N Myers, Esquire Counsel for Andrew S Fleming Samuel L Andes, Esquire Counsel for Christine A Fleming TABLE OF CONTENTS 1. Advice of Counsel 2.. Definitions 3. Effective Date of Agreement 4. Effect of Divorce Decree 5. Effect on Divorce 6. Effect of No Divorce 7. Effect of Reconciliation or Reconciliation Attempt 8. Personal Rights 9. Warranty Disclosure 10. Equitable Distribution of Property 11. Credit 12. Joint Accounts 13. Warranty as to Existing Obligations 14. Warranty as to Future Obligations 15. Mutual Releases 16. Release of Testamentary Claims 17. Mutual Waivers 18. Waiver or Modification to be in Writing Page 1 of 16 19. Mutual Cooperation 20. Notice Provisions 21. law of Pennsylvania Applicable 22. Agreement Binding Upon and Benefiting on Heirs 23. Integration 24. No Waiver of Default 25. Severability 26. Headings Part of Agreement 27. Death Prior to Divorce 28. Counterparts 29. Default or Delay in Payments or Obligations-Performance Under Agreement 30. Costs of Enforcement 31. Contract Interpretation 32. Waiver of Liability 33. Resolution of Disputes 34. Full Disclosure Exhibit "A" Exhibit "B" Page 2 of 16 AGREEMENT This Agreement is made by and between Christine A Fleming of 703 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania ("Wife") and Andrew S Fleming of 248 Chestnut Drive, Shippensburg, Cumberland County, Pennsylvania ("Husband"). WITNESSETH WHEREAS, the parties hereto are husband and wife, having been married on February 18, 1978 in Cumberland County, Pennsylvania; WHEREAS, Husband and Wife are the parents of the following children, Nicholas A Fleming born on September 21, 1980, Jaimie C Fleming born on May 08, 1984,.and Kyle D Fleming born on August 19, 1985 (the "Children"); WHEREAS, certain unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, that it is their intention to live separate and apart for the rest of their natural lives, that they are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: 1. The settling of all matters between them relilting to the ownership of real and personal property including property heretofore or subsequently acquired by either party; 2. The settling of all disputes, rights and/or interests between them arising out of or by reason of their marriage including but not limited to the past, present and future support, alimony, counsel fees, costs or maintenance of Wife by Husband or of Husband by Wife; 3. The settling of all matters between them relating to the past, present and future support and/or maintenance of the Children; 4. The implementation of custody and/or visitation arrangements for the minor children of the parties; and 5. In general, the settling of any and all actual and possible claims by each party against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: Page 3 of 16 1. Advice of Counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Samuel LAndes, Esquire for Wife and Forest N Myers, Esquire for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advise and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 2. Definitions. (a) Divorce Code. The phrase "Divorce Code" shall be defined as 23 Pa. Cons. Stat. Ann. 9 3101. (b) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution 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 this Agreement. (c) Distribution Date. The phrase "distribution date" shall be defined as thirty-one days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the thirty-first day falls on a weekend or holiday, the distribution date shall be the next business day. 3. Effective Date of Agreement. This Agreement will become effective and binding upon both parties upon execution of this Agreement by both of them. 4. Effect of Divorce Decree- No Menl:er. Wife and Husband agree that this Agreement shall not be incorporated in, nor become part of, nor merge into, any decree in divorce. 5. Effect on Divorce. The el(ecutioR aREI delivery of this AgreemeRt is Rot tJotv. ~~ predicated ul'lon Rer made the subject of JAY agreeffleRt for the iAstitutioR, proseculioA, defense or for the non prosecution or Ron defense of any action for di'/orce. Nothing in this AgreemeRt, 110we'.er, shall prcveRt eitl1cr Wife or Husband from I'lrosecutiRg any other actiefl fur divorce, either absolutc or etl1erwisc, on lawful Page 4 of 16 grounds if sucA grounds presently exist or may e)dst in thc future or from dcf.cnding Ctj; y any SlJCA action ",itA SUCR defenses as arc presently or may in the future becoA'le ~\ available. f\J Andrew S Fleming previously has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, No. 2005-2976 seeking a divorce decree pursuant to, S 3301 (c) of the Divorce Code. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions including executing the appropriate waivers of notice of the master's hearing, right to file exceptions, and right to file appeal) necessary to assure that a divorce pursuant to Section 3301 (c) of the Divorce Code .is entered as soon as possible, but in.<lny event no later than One (1) month from the date of execution of this Agreement. To that end, the parties have executed and agree to promptly file the affidavits required to obtain a divorce pursuant to S 3301 (c) of the Divorce Code. If, after the execution of this agreement, either party delays or contests the obtaining of a final, unappealed divorce decree, that party shall be fully responsible for all attorneys' fees, costs and/or expenses incurred as a resu It of such delay in obtai n i ng the decree. 6. Effect of No Divorce. The execution of this Agreement is predicated upon and made subject to the attainment of a final decree in divorce under Sections 3301 (c) of the Divorce Code and therefore, except as otherwise provided for herein, this Agreement will be null and void if a final decree in divorce is not obtained within three (3) months of the date of execution of this Agreement. 7. Effect of Reconciliation or Reconciliation Attempt. This Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both par-ties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and to discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge that they have been fully informed and are fully acquainted with the legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party enters into this Agreement, and the terms of this Paragraph freely, voluntarily and with full knowledge and understanding. 8. Personal Rights. Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from any direct or indirect control, restraint, interference or authority, by the other and shall be treated in all respects as if they were unmarried. Except as otherwise provided for in this Page 5 of 16 Agreement, each may reside at such place or places and with such other persons as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment and at such locations which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families, friends, colleagues, employers or employees of each other nor compel or attempt to compel by any means the other to cohabit or dwell in any manner whatsoever with him or her. The parties are free to make mutually and voluntarily any efforts at reconciliation as he, she or they may deem advisable. The foregoing provisions shall not be taken to be an admission on the part of either Wife or Husband of the lawfulness or unlawfulness of the causes leading to their living apart. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act on the part of the other party which has occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date of execution of this Agreement. 9. Warranty of Disclosure. Husband and Wife represent and warrant that they have disclosed to each other the full extent of their assets, income and liabilities. Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 10. Equitable Distribution of Property. (a) Premises. Wife and Husband hold title as tenants by the entireties to the premises identified as 703 Baltimore Road, Shippensburg, Pennsylvania (the "Premises"). The parties agree as follows with respect to the Premises: (i) From the date of the execution of this Agreement, Christine A Fleming shall have the right to occupy the Premises for a period of two (2) years, rent free. During that time, she shall be solely responsible for all costs, expenses or liabilities arising out of or resulting from her possession of the property, including, without limitation, the installment payments due on the home equity loan, real estate taxes, water and sewer rents, gas, electric, telephone and other utility services, homeowner's insurance, gardening expenses, minor repairs, and routine maintenance. Further, she shall indemnify Andrew 5 Fleming and his heirs, successors and assigns, from any liability, cost or expense, including attorneys' fees, which are caused by her failure to pay all such obligations. (ii) Notwithstanding the foregoing, Husband and Wife shall share equally all costs of repair to the Premises which cost more than Five Hundred Page 6 of 16 Dollars ($ 500.00), so that each of them pay one-half of such expenses. Moreover, Husband and Wife shall share equally all costs and expenses associated with owning and maintaining the Premises which accrue or become otherwise due during the periods when Christine A Fleming no longer resides in the Premises. (iii) So long as Christine A Fleming continues to reside at the Premises, she shall be responsible to make all installment payments due on the home equity loan owed to M&T Bank and Andrew 5 Fleming shall have no obligation to make those installment payments. (iv) Christine Fleming acknowledges that she withdrew $7,000.00 from the parties' home equity line of credit at M&T Bank following their separation. Two Thousand ($2,000.00) Dollars was used for the payment of college tuition of the parties' children and $5,000.00 is held by her for dental procedures for the parties' son Kyle. Christine Fleming shall repay $5,000.00 to M& T Bank. (v) Christine A Fleming is hereby granted the option to purchase the interest of Andrew 5 Fleming in the Premises. She may exercise that option at any time within 21 months of the date of this Agreement by giving written notice to Andrew 5 Fleming of her intention to exercise such option. If she elects to exercise that option, the purchase price for his interest shall be 45% of the parties' equity in the property which is defined to be the fair market value of the Premises (as determined by an appraiser selected by the mutual agreement of the parties or, in the absence of their ability to so agree, by the average of good-faith appraisals obtained by each of the parties) minus the balance then owed on the home equity loan owed to M& T Bank, minus the costs of sale which shall include, but not be limited to, realty transfer tax, , attorneys fees and other typical costs of settlement. If she exercises her option, Christine A Fleming shall make payment to Andrew 5 Fleming for his interest in the property within 45 days of the date the parties determine the sale price. (vi) In the event that Christine A Fleming does not exercise her option to purchase Andrew 5 Fleming's interest in the Premises within 21 months of the date of this Agreement, the parties shall list the Premises for sale with a real estate agent, selected by their mutual agreement, at a price mutually agreed upon by the parties after consultation with the real estate agent. Both parties will cooperate in the sale of the Premises and the net proceeds of the sale, after payment of the balance owed on the M& T Bank line of credit and all costs associated with the sale, including, but not limited to, realty transfer tax, a real estate sales commission, attorneys fees and other typical costs of settlement, shall be divided 55% to Christine A Fleming and 45% to Andrew 5 Fleming. Page 7 of 1 6 (b) Personal Property. Christine A Fleming shall receive the oak table and one-half of the photographs and slides of the parties' children. Otherwise, the Parties hereto have previously divided all their personal property and Husband and Wife each acknowledges that they have received the property to which they are entitled. By these presents, each of the parties hereby specifically waives, releases, renounces and for-ever abandons whatever claims he or she may have with respect to any of the above items wh ich shall become the sole and separate property of the other from the date of execution hereof. (c) Orrstown Financial Stock. Andrew S Fleming shall keep and retain sole ownership, control and enjoyment of all shares of common stock of Orrstown Financial Services presently titled in his name. Christine A Fleming will execute stock powers-of-attorney to effect transfer of the Orrstown Stock to Andrew S Fleming. (d) Except as otherwise provided in this Agreement, Wife shall keep and retain sole ownership, control and enjoyment of all property transferred to her pursuant to this Agreement, all real estate titled in her name, and all of the jewelry, clothes, furniture, automobiles and other personal property titled in her name or in her possession and all bank accounts, securities, insurance policies, pensions, capital accounts, financial interests, or other intangible property held in her name, including all appreciation thereon and all increments in value thereto, and all property acquired in exchange therefore, free and clear of any claim, right or interest by Husband (including without limitation any claim or right to curtesy, or equitable distribution or other allocation or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or any other state) and she shall have the excl usive right to dispose of such property without interference or restraint to Husband (except as provided in this Agreement) as if the marriage had not taken place and she had remained unmarried. Wife shall keep Husband indemnified and held harmless from any liability, cost or expense, including attorneys' fees, which is incurred in connection with the interests and/or assets referred to in this Paragraph. (e) Except as otherwise provided in this Agreement, Husband shall keep and retain sole ownership, control and enjoyment of all property transferred to him pursuant to this Agreement, all real estate titled in his name, and all of the jewelry, clothes, furniture, automobiles and other personal property titled in his name or in his possession and all bank accounts, securities, insurance policies, pensions, financial interests, or other intangible property held in his name, including all appreciation thereon and all increments in value thereto, and all property acquired in exchange therefore, free and clear of any claim, right or interest by Wife (including without limitation any claim or right to courtesy, or equitable distribution or other allocation or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or any other state) and he shall have the exclusive right to dispose of Page 8 of 16 such property without interference or restraint by Wife (except as provided in this Agreement) as if the marriage had not taken place and he had remained unmarried. Husband shall keep Wife indemnified and held harmless from any liability, cost or expense, including attorneys' fees, which is incurred in connection with the interests and/or assets referred to in this Paragraph. (I) Automobile. The parties agree that they have previously divided the automobiles owned by them and that each shall retain as sole owner the vehicles currently titled in his or her name. (g) After-Acquired Personal Property. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. RETIREMENT INTERESTS AND BENEFITS Husband and Wife have an interest in the existing retirement plans (assets) described below: Christine A Fleming Public School Employees Retirement System AIM Account No 3911006603 Andrew S Fleming AIM Account No. 3909687091 M& T Sep IRA No. 01 D-516201 AIM Account No. 5019385037 Wife and Husband hereby waive any and all right, title and interest to all other existing and future retirement assets or benefits of Husband or Wife. 11. Credit. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. Further, each party shall indemnify and save the other harmless from any loss, cost, or expense, including, attorney's fees arising out of their failure to pay debts which they created or which are in their name alone. 12. loint Accounts: The parties own the following marital assets: (a) a joint account with AIM Investments (Account No. 5002649981) which has a balance now of approximately $21,500.00. Page 9 of 16 (b) a joint savings account with M& T Bank which has a value now or approximately $1,600.00. The above accounts will be divided equally between the parties at the time of the execution of this Agreement; (c) a policy of insurance on the life of Andrew 5 Fleming which has a cash value now of approximately $22,830.00. The above account will be divided equally between the parties when the title W to their residence is transferred or the Premises is sold, they will divide the _then C current value of those assets at that time equally. In the event that any of these assets do not exist at the time of the disposition, the value of the assets will be increased at the rate of 6% per annum between the date of this Agreement and the date they are divided, starting with the values listed above. 13. Warranty as to Existine Oblieations. During the course of the marriage, Wife and Husband have incurred certain liabilities and it is hereby agreed, without the necessity of ascertaining for what purpose and for whose use each of the bills was incurred, that of those liabilities that were incurred prior to the date of execution of this Agreement, Wife and Husband each covenants, represents, warrants and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, as of the date of execution of this Agreement, no unpaid liabilities except for the M& T Mortgage remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; and, if any such debts or obligations should be determined to have existed as of the date of execution of this Agreement, or thereafter, accept as set forth below, the party who incurred that debt shall indemnify and hold the other party harmless for and against any loss or liability and costs or expense, including attorneys' fees, incurred as a result of those liabilities. Husband further promises, covenants and agrees that he will now, and at all times hereafter, indemnify and hold harmless Wife and her estate from any and the above debts or liabilities incurred by her from allocations, claims, and demands, whatsoever, including legal and counsel fees. Wife further promises, covenants and agrees that she will now, and at all times hereafter indemnify and hold harmless Husband and his estate from the above debts or liabilities incurred by her in connection with any and all actions, claims and demands, whatsoever, including legal and counsel fees. In the event that Wife or Husband does not pay when due any such bills, obligations or debts, the other party shall have the right but not the obligation to pay such bills, obligations or debts. If one party pays such bills, obligations or debts which the other party is obligated to pay pursuant to this Paragraph, after giving the Page 1 0 of 1 6 defaulting party five days' written notice, the party making the payment shall be entitled to receive reimbursement from the other party not only for payments made, but also for any related costs, including counsel fees. 14. Warranty as to Future Obli2ations. Wife and Husband each covenants, represents, warrants, and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable, and each now and at all times hereafter shall indemnify and hold harm-less the other party from and against any such liabilities, costs or expenses, including attorneys' fees, relating thereto incurred by the other party after the date of execution of this Agreement. 15. Mutual Releases. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under.or which may arise under this Agreement or for the breach of any part of this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claim in or against the property (including income, and gain from property hereafter accruing) 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 the other, the estate of the other or any part thereof, whether arising (a) out of any former acts, contracts, engagements or liabilities of such other, (b) by way of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights, (c) as family exemption or similar allowance, or (d) under the intestate laws, the right to take against the spouse's will, the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) Pennsylvania, (ii) any other State, Commonwealth or territory of the United States, or (iii) any other country. Except, and only except for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, the parties agree that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable distribution of property, alimony counsel fees and expenses, alimony pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. The parties further release and waive any rights which either party may have now or hereafter against the other including but not limited to claims for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including but not necessarily limited to equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, it is the intention of Wife and Husband to give to each other by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, whether real, personal or mixed, which the other now owns or may hereafter acquire. Page 11 of 16 16. Release of Testamentarv Claims. Except as provided for in this Agreement, each of the par-ties 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 hereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto. 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. Each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real, or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other and that neither Husband nor Wife will claim against or contest the Will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix 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 and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 17. Mutual Waivers. Wife and Husband acknowledge that by this Agreement they each respectively have secured and maintained a substantial and adequate fund with which to provide them-selves sufficient resources for his or her comfort, maintenance and support according to the standard of living to which the party is accustomed. Therefore, except as provided for in this Agreement, Wife and Husband do hereby waive, release, and give up any rights that they may respectively have, either at the present or in the future, against the other for equitable distribution, alimony, support, maintenance, or for any other right resulting from their status as wife and husband. Wife and Husband agree that neither party may apply to any court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided for in this Agreement, it shall be the sole responsibility of Wife and Husband to sustain herself or himself without seeking any support from the other party from the date of execution of th is Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 18. Waiver or Modification to be in Writin2. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and Page 12 of 16 no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 19. Mutual Coooeration. Each party shall, at any time and from time to time hereafter, take any and all steps to execute, acknowledge and deliver to the other party any and all further instruments and/or (within at least fifteen days after demand therefore) documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 20. Notice Provisions. (a) Notice to Wife provided for in this Agreement shall be sent by certified mail, return receipt requested, to Wife at 703 Baltimore Road, Shippensburg, Pennsylvania and to Samuel L Andes, Esquire POBox 168, Lemoyne, Pennsylvania, or such other address as Wife from time to time may designate in writing. (b) Notice to Husband provided for in this Agreement shall be sent by certified mail, return receipt requested, to Husband at 248 Chestnut Drive, Shippensburg, Pennsylvania and to Forest N Myers, Esquire, 137 Park Place West, Shippensburg, Pennsylvania, or such other address as Husband from time to time may designate in writing. 21. law of Pennsvlvania Aoolicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 22. A!!reement Sindin!! Uoon and Senefitin!! Heirs. Except as specifically provided herein, this Agreement (including but not limited to the payments set forth in Paragraphs 10 & 12) shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. Inte!!ration. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 24. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. Page 13 of 16 25. Severability. If any term, condition, clause or provision of this Agreement shall be deter-mined 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 continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the Paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 26. Headinl!:s Part of Al!:reement. Any headings preceding the text of the several Paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. Death Prior to Divorce. If either Wife or Husband dies before the entry of a final decree in divorce between the parties then this Agreement shall be considered null and void and as though it had never been entered into, and the parties restored to the status that they had before this Agreement was entered into. 28. Counterparts. This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. The parties represent and warrant that, to the best of their knowledge, there are no actions, suits or proceedings pending or threatened against Husband, Wife and/or against the Matrimonial Estate or affecting any jointly held properties or rights, at law or in equity or before any Federal, State, Municipal or other Governmental agency or instrumentality, domestic or foreign, nor is Wife or Husband aware of any facts which to his or her knowledge might result in any such action, suit or proceeding. The Matrimonial Estate is not in default with respect to any order or decree of any court or of any such Governmental agency or instrumentality. It is agreed that any provision in this Agreement regarding child support shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. Should it become necessary fer Wife to proceed in an)' court outside the Commonwealth of Pennsylvania ar in an)' caunty outsise the County of Philadelphia to enforce an'! of the provisions of this Agreement, such enforcement shallse, at Wif-c's optiOA, in accordance with the provisions of the Uniform Interstate Family Support :\ct, 23 Pa. Cons. Stat. :'nn. S 7101 to 7901. Shollls it become necessary for Wife to apply to any court fer enforcement of the support requirements set forth in this Agreement, Page 14 of 16 HusBand Acres)' consents to tAC entr)' of any order required by any court or , ploJrsuantto the provisions of tAe Act and Ae will not oppose an application in reference thereto. Notwithstanding any provision in this Paragraph to the contrary, the parties agree that any action upon or arising out of this Agreement may Be brought, that there shall be subject matter jurisdiction, and that venue for any such action will be proper, in the Court of Common Pleas for the County of CumBerland, Pennsylvania. The parties agree and consent that such Court shall have personal jurisdiction over him with respect to any such action. 29. Default or Delay in Payments or Obli~ation Performance Under Agreement. In the event that either party defaults with respect to any payments to Be made hereunder, or any OBligation to be performed hereunder, and in addition to any and all other remedies provided in any other documents or agreements, and said default is not remedied within ten days after sending of a written notice BY certified mail to the defaulting party specifying said default, the defaulting party hereBY agrees to indemnify the party injured, or to reimBurse him or her for any and all attorneys' fees and disbursements resulting from or made necessary BY the Bringing of any suit or other proceeding, whether by complaint or counterclaim to enforce any OBligation or to collect such payment, provided such suit or other proceeding results in a judgment, decree or order in favor of the suing party. In the event such suit or other proceeding results in a judgment, decree or order against the suing party, the suing party shall reimBurse the other party for any and all expenses, costs and attorneys' fees resulting from or made necessary BY virtue of the Bringing of such suit or proceeding. If such default is remedied after the commencement of this suit, or other proceeding referred to in the above Paragraph, the indemnity and reimBursement obligation shall be operative with the same force and effect as if judgment, decree or order had been made in favor of the party bringing such suit or other proceeding. 30. Costs of Enforcement. Any party breaching this agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non-Breaching party to enforce his or her rights under the Separation Agreement subsequent to the date of the signing of this Agreement. Should either party fail in the due performance of the terms under this Agreement, the other party shall be aBle at his or her discretion to sue for performance or for damages for a breach of the Agreement. The party who is deemed to have failed in the due performance of the terms hereunder shall Be liable for all reasonaBle costs and expenses incurred by the other in suing for performance or for damages for breach of the Agreement. The terms contained shall be construed to restrict or limit each party's right to exercise this election. Page 1 5 of 16 . . 31. Contract Interpretation. For purposes of interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 32. Waiver of liabilitv. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does here by warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 33. ResalutiaA af Disputes. In the evcnt that the parties disagree or engage ina controversy on thc interpretation of any provisions of this AgreeFflent they agree to sllbmit the sisl3ute to BiAsing arbitration by a single arbitrator of tAe American .'\rBitration A:;sociation of Philadelphia, Pennsylvania. The losing f)arty shall bear the costs and reasonable counselor costs. 33. full Disclosure. The parties represent to each other that they have made full disclosure of all assets, liabilities, and incomes of each of them. In the event that either party has misrepresented any of those matters, the other party may, at their option, sue for a recover damages, set aside this Agreement and have the Court determine the economic claims which have been raised in the divorce action, or seek such other remedy as permitted by law, at their option. 34. Son's Medical and Dental Treatment. The parties acknowledge that their son Kyle requires additional dental and jaw surgery and related treatment, including two tooth implants. The parties agree that they will share equally the cost of that treatment to the extent that it is not paid by the health insurance now in effect and that each of them will pay 50% of that cost directly to the dentist, physician, hospital, or other provider within thirty (30) days of the date bills or invoices are received by either of them for that work. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fi rst above written. (Witness) ,~ Itness) Page 16 of 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~l'" ) ( 55.: ) On this, the 2S+-- day of A-YC,JI..' , 2006 , before me, the undersigned officer, personally appeared ANDREW S. FLEMING known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. M; c:mmi~ Expires: '-r np H_ F_M N NolaIiII= Seal . --. ~PubIIc ~ .FranlilfnCounty Expiru!lee. 19,2009 COMMONWEALTH OF PENNSYLVANIA ) ( 55.: COUNTY OF CUMBERLAND ) On this, the 21st day of August, 2006 , before me, the undersigned officer, personally appeared CHRISTINE A. FLEMING known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L_~ My Commission Expires: IYNN NOTAIIIAL 8rAL LEMO~LD. NOTAIl\'I'UIlUc MYCOMM'~~co. .1... r JA3l!..J~lllnoiol OUAUq mAl 0.. .O,hni-t3Ai--"~ >,ltlv i ,~):)O~AJA.3a"lo .,(.\R08 ]ir~ li,{~ j eoos,t .El3"-l ;:.=JHi--''':~ l.iUi,2~~lh, ,'y C) ~-~; -.'j, , '::1 f'.J "'" ,...~, C-. (:-:::J 1:.:,..... o on =;:t nilJ] ,~7;il , (,J '-'-j - w ~.:;- ....... "', -', ,:2jioiJ .:",} ._-~ :~ ~ y,!l,'j'f'-_':,b;:Il'dD()( ~\W"I'd f'ny'(",S;lig",( !;~'!1is\f leming, Alidn~v, <;,;04-(,(),01 //\-1'1 de." iPf" [Ji\-(jpe rni.!11f'fS_,'OOliP9I,li' ,d' )1' IN THE COURT Of COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYlVANIA Andrew S flEMING, Plaintiff CIVIL ACTION - DIVORCE No. 2005 - 2976 v. Christine A FLEMING, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: June 22, 2005 Acceptance of Service by Samuel L Andes, Esq., Counsel for Defendant 3. Date of execution of the affidavit of consent required by S3302(c} of the Divorce Code: by Plaintiff August 25, 2006; by the Defendant August 21, 2006. 4. Related claims pending: None 5. Date plaintiff's Waiver of Notice in S 3301 (c) Divorce was filed with the Prothonotary: September \"3 ,2006, Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: September ~, 2006. Date: September \:', 2006 ~ ~~ forest N rs, EsqUire Attorney I.D. #18064 137 Park Place West Shippensburg PA 17257 Phone 717.532.9046 Fax 717.532.8879 e-mail fnmyers@earthlink.net \ \ \ ...." c,':l G.,J cr- ([,1 ...~" ,., -0 (") ~1 - -' :::r:-rl rll~ -r;cn -"1\-'-' w (),f"^j A!:;, "10- ~ p:" -"-' ...).= C? r<' .~, ~~ ~~~~~ ~ ~~ ~ ~ ~~ ~ ~ ~~~ ~~ ~~~~~ ~ ~~~~~~~~~~~~~ ~~~~~~~~ ~ IN THE COURT OF COMMON PLEAS ; ~ OFCUMBERLANDCOUNTY PENNA. STATE OF p.ro.! O'i2.iS""-' 'S ~-t'-'\ \o....lb Z91~ ~LA\l'oJ""C"\ ~(2- No. ZocS VERSUS C~\l..\.s.,"""-le A. c.~ \ l'o\C" c:>8~-..J~ " DECREE IN DIVORCE ~y~ 2a" 200'=-_, IT IS ORDERED AND AND NOW, A",""O~ So ~\NC, , PLAI NTI FF, DECREED THAT ~--tJ\ \uc, , DEFENDANT, AND C:~R\c;.-n Nt:: J!... 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; "-b~ 0::: ~AJ, PROTHONOTARY ~ ~ ~ ~ ~~~~~~~ ~~~~~~~~~ ~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~~~~? J. ~k.? ~~ v.ye.~ ~ r -{?~~ --r9 1f/.je-,1 .. ... ."