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Home My WebLink About05-3570 ROBERT C, BALES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. oS- JS7D (!LO;(....'L-~ v. LINDA J. BALES, : CIVIL ACTION - LA W : IN DIVORCE \ , --- YOU HA VE BEEN sued in Court. If you wish to defend against the 'I~~ forth i. me f.".wi,. "',,", y" "''''I """ prompl ~tiO" Y" ~ w"'"'" IImUf y.. fwllo do '0, ili, "" may pro=d wilbmrt y" M' . "=eo i, Di,,= m 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. NOTICE TO DEFEND AND CLAIM RIGHTS When the ground for divorce is indignities or irretrievable breakdown of marriage, you may request marriage Counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pe/U]sylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNlIEMENT IS GRANTED, YOll MAy WSE THE RIGHT ro ANY 01' nffiM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, /I' YOU DO NOT HAVE A LA WYI'.R, GO ro OR TH.EPHONEl1JF. OI'F1eE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WTrn INFORMA nON ABOln AGENClES mAT MAy OnER LEGAL SERVICES TO E.LEGIBI,E PERSONS AT A REDlICED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, PA 17013 Telephone: (717)249-3166 A VISO USTED HA SIDo DEMANDADO/A EN CORTE. Si usted desea d,',,,,,,,", d, J~ ~ q" "' pre,,",," ",a. 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ES POSIDLE QIJE FS'fA OFlelNA I.F PUEDA FROVLER lNFORMAeJON SORRE AGENClAS Ql11i OEREZCAN SFRVlelOS LEGAl.Es SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, PA 17013 Telephone: (717) 249-3166 ROBERT C. BALES, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA LINDA 1. BALES, : NO. OS" - 3S76 c;u~( ~~ Defendant : CIVIL ACTION - LA W : IN DIVORCE COMPLAINT IN DIVORCE at 41 Kel1y Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 1. The Plaintiff is Robert C. Bales, an adult individual currently residing Walnut Bottom Road, Carlisle, CUmberland County, Pennsylvania. 17013. 2. The Defendant is Linda J. Bales, an adult individual residing at 2130 Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately 3, Plaintiff and Defendant have been bona fide residents in the previous to the filing of this Complaint. Park, Clay County, Florida. 4. Plaintiff and Defendant Were married on September 7, 1985 in Orange Parties in this or any other jurisdiction. 5. There have been no prior actions of divorce or annulment between the 6. This action is not col1usive. 7. Plaintiff and Defendant separated on or about May 2, 2005, Plaintiff is proceeding are: 8. The causes of action and sections of the Divorce Code under which broken, A. Section 330 I (c) - The marriage of the parties is irretrievably B. Section 3301(d) - The marriage of the Parties is irretrievably broken. The Parties separated on or about May 2,2005. and understands that he may request that his SPOUse and he Participate in counseling. 9. Plaintiff has been advised of the availability of marriage Counseling Participate in counseling prior to a divorce decree being handed down by this Court, 10, Plaintiff does not request that the Court require that his SPouse and he a final decree in divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter JI/)(<-( Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Date: ~ESqUire 5922 Linglestown Road Harrisburg, P A 17112 (717) 671-1500 I.D, No, 33671 Attorney for Robert C. Bales ROBERT C. BALES, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO, LINDA J. BALES, Defendant CIVIL ACTION - LA W : IN DIVORCE AFFIDAVIT Subject to the penalties of 18 Pa,C.S. Section 4904 relating to unSWorn falsification to authorities, I, Mark T. Silliker, Esquire, declare that I am the attorney for Plaintiff; that I am authorized to make this verification on his behalf; that the facts set forth in the aforegoing Complaint in Divorce are based upon infonnation supplied to me by my clients and upon my own knowledge which I believe to be true and correct, and time is of the essence. Date: 7/;7/-[ "Ie) \-l {Q 0 .-' 0 ~ --..... c~.::.'" C c;c> -n ~ ...c eJ' ..... c_ ::::1"1 --- () r-:'~: f1""~" : .'<-- ~'~'cJ 8 --- ~ - ~ 8 -lO'- ~':)J, (i:) ,."',1 ~ :j -1':, :T~ --'"" <.) W ~ C.) ~j(n -t:: \) .- ..~ - .;~~ ~ Cf) ~ ----- ROBERT C. BALES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3570 LINDA J. BALES, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION TO AMEND COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Robert C. Bales, by and through his attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court allow him to amend his Complaint in Divorce, and in furtherance thereto. respectfully avers the following: I. Plaintiff, Robert C. Bales, filed a Complaint in Divorce on July 14, 2005. 2. In said Complaint in Divorce, the Defendant's name was mistakenly listed as Linda J. Bales. 3. The Defendant's name is actually Linda S. Bales. WHEREFORE, Plaintiff, Robert C. Bales, respectfully requests this Honorable Court amend his Complaint in Divorce to reflect the Defendant's middle initial as "S." instead of "J." Date: 8/1 ( v; Respectfully submitted, THE LAW OFFICES OF SILLIKER & B~~ ~~ Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, P A 17112 (717) 671-1500 LD. No. 33671 Attorney for Robert C. Bales ROBERT C. BALES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3570 LINDA J. BALES, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT Subject to the penalties of 18 Pa.C.S. Section 4904 rdating to unsworn falsification to authorities, I, Mark T. Silliker, Esquire, declare that I am the attorney for Petitioner; that I am authorized to make this verification on his behalf; that the facts set forth in the aforegoing Petition to Amend Complaint in Divorce are based upon information supplied to me by my client and upon my own knowledge which I believe to be true and correct, and time is of the essence. t j1/ 6' ') I ./ Date: Q r;" ~,., 0t.:~ b.t~~" L,. , en"" r~''::f' )'; ..., zC.. ~L' );>c ~ ,..., = = "'" ".. c: (0' c:> .." ::Jl: ':: ~ ~-r. n1-- -,,~ :01. ~h? X-ri 0('5 3fTI --I ~ -I ROBERT C. BALES, Plaintiff "\ : IN THE COURT OF COMMON PLEASRECEIVED AUG 11 C : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3570 Defendant : CIVIL ACTION - LAW : IN DIVORCE LINDA J. BALES ORDER OF COURT AND NOW, this I $'". day of /-f-v 1 ~ I" ,2005, upon consideration of Plaintiffs Petition to Amend Complaint in Divorce, IT IS HEREBY ORDERED AND DECREED that the Complaint in Divorce be amended to reflect Defendant's name as Linda S, Bales instead of Linda J. Bales. BY THE COURT: ,Ad J, \",';1\\'1\1 \():\!i"J.Jd }.jJ~nc: "':':irJiNm I I :Z Hd S I ~nv ~OOZ ;"WlONOHlOtJd 3Hl. ::lO 308:10-031l:l ROBERT C. BALES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, No. 05-3570 Defendant CIVIL ACTION - LAW IN DIVORCE LINDA S. BALES. AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on July 14,2005. 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 9 4904, relating to unsworn falsifications to authorities, 01-7(, ~D'" /1 willi Robert C. Bales Date: 0 r--' 0 = C. c::;:J -n ";i:: <f' -' 4jC <.- :;1:::n ~ e~;:.. ;& r$i....,- ~ , -0 (f~ -;.t v' ~;ICJ ;j <::) i.:-:'?\~) ,...-,-, , '::"": -n , "'." / :::: " C) ~. (,:) :~\-'n \:'.~:, Ci? :0-\ "'> ...:.,~ ' ~'1 --( .- ::<. <::) ROBERT C. BALES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No, 05-3570 LINDA S, BALES, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I. 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! 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 arc made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities, Date: !J/~ U /0 b /1 C) ( fJ,~ Robert C. Bales Q ~-.;::- ~". ---t:l\ <,'(1., ~ -, .;:t b Q' c.- ~ ~ .:~.:' .~. U.'.: r~:~~,. -<> ~ o -I" ~e ~ '. ' " -:9~ q ';.,!)i;f:', ?J)~~\ ::"\ -J!i c.? -- o () ROBERT C. BALES, IN THE COURT OF COMMON PLEAS 9!; Plaintiff CUMBERLAND COUNTY, PENNSY:t.VANU , ):> "" c ..., '" vs. NO. 05-3570 rT1 -0::: <:0 CIVIL ACTION - LAW 1'T1:;; LINDA S. BALES, %~ z< Defendant IN DIVORCE l;>c" c. AFFIDAVIT OF CONSENT AND WArvER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 (C) OF THE DIVORCE CODE -< (1) A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on July 14, 2005. (2) The marriage of Plaintiff and Defendant broken and ninety (90) days have elapsed filing and service of the Complaint. is irretrievably from the date of (3) I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. (4) 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. (5) 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 correct. I understand that false subject to the penalties of 18 Pa. unsworn falsification to authorities. this affidavit are true and statements herein are made C.S. Sec. 4904 relating to DATED 8-/ / 3/0 C" / / ~ ~? ~~Ga-/ Linda S. Bales ") :::'71 -'"\ ...- '.: ,5) MARRIAGE SETTLEMENT AGREEMENT By and between ROBERT C. BALES -AND- LINDA S. BALES Dated: -O~kf- (;2C: ,2005 (,,-I' '{, , INDEX PAGE 1. Divorce and Separation................................................................ 4 2. Division of Property....................................................,................ 4 3. Income Tax Prior Returns............................................................ 6 4. Execution of Additional Documents ........................................... 6 5. Transfers Subject to Liens ........................................................... 7 6. Complete Listing of Property ...................................................... 7 7. Equitable Distribution of Property .............................................. 7 8. Relinquishment of Ownership ..................................................... 8 9. After-Acquired Property .............................................................. 8 1 O. Debts............................................................................................. 8 11. Bankruptcy ................................................................................... 8 12. Health Insurance........................................................................... 9 13. Alimony ........................................................................................ 9 14. Full Disclosure ............................................................................. 9 15. Releases ........................................................................................ 9 16. Indemnification ............................................................,............... 10 17. General Provisions ....................................................................... 11 18. Fair and Equitable Contents......................................................... II 19. Breach........................................................................................... 11 20. Independent Separate Covenants ................................................. 12 21. Void Clauses ................................................................................ 12 22. Execution of Documents.............................................................. 12 23. Applicable Law............................................................................ 12 24. Non-Merger ...................................................................".............. 12 25. Disclosure and Waiver of Procedural Rights .............................. 12 26. Tax Advice ................................................................................... 14 27. Representation of Parties ............................................................. 15 Signature Page............................................... ........ ....................... 15 Acknowledgement Page............................................................... 15 ""X' 2 \.Jjl.-' MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this cx5f( day otOckJ;;er, 2005, by and between Robert C. Bales -AND- Linda S. Bales, at Harrisburg, Pennsylvania, WHEREAS, the parties hereto are husband and wife, having been married on September 7, 1985, at Orange Park, Clay County, Florida, WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, The parties separated on May 5, 2005. NOW, THEREFORE, in consideration of the aforegoing 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: v.'t 3 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980, Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other 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 unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. The parties specifically agree that the following represents a complete listing of all assets held by the parties, be they marital or non-marital. The parties further agree that the assets shall be divided as set forth herein: Robert Bales Non-Qualified Assets Checking Account Money Market PNC Advisors $3,508,982,50 PNC Investments $ 307,746,50 Total Non-Qualified Assets $3,816,729.00 Qualified Assets IRA Account Total Qualified Assets $ 4,000.00 $ 4,000.00 Lifestyle Assets 41 Kelly Drive Home Furnishings 2130 Walnut Bottom 10537 Wyndtree - NC $ 712,000.00 $ 125,000.00 $ I ,800,000.00 "''' ~ 4 Linda Bales loint $ 32,500,00 $3,508,982.50 $ 307,746,50 $3,849,229.00 $0.00 $ $ 6,600,00 6,600.00 $0.00 $ 115,000.00 $ 325,000.00 13 Grand Pavilion - SC Lot #4 - 14 acres Lot #87 Coins, Precious Metal, Art Note receivable Doug Bales Vehicle ('99 Lexus) Vehicles (3 Lexus) Total Lifestyle Assets $ 129,000.00 $ 20,000.00 $ 10,000.00 $ 130,000.00 $2,926,000.00 Business Assets 10 Lots (Meadow & Manor) $ 724,500.00 Prospective profit on spec homes $ 200,000.00 Brenda Schultz - NIR $ 50,000.00 Kriner - Mortgage Receivable $0.00 Crane Group Investment $ 100,000.00 Chance Enterprises - Stock $ 100,000.00 Trusecure Stock $ 5,500.00 Escrow from business sale Total Business Assets $1,180,000.00 Total Assets $7.926.729.00 Liabilities 41 Kelly Drive - Mortgage ($ 532,855.00) 10537 Wyndtree - Mortgage ($1,125,000.00) 13 Grand Pavilion - Mortgage PNC Line Secured by Invest.($1,959,543.19) Total Liabilities Total Net Worth Joint allocation ($3.617.398.19) $4,309,330.81 $ 342,657.00 Total Net Worth w/joint allocation $4,651,987.81 $ 152,256.00 SOLD $0.00 $ 45,000.00 $ 637,256.00 $0.00 $ 200,000.00 $0.00 $0.00 $685,314.00 $ 200,000.00 $685,314.00 $4.693.085.00 $685.314.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,672,229.00 $685,314.00 $ 342,657.00 $5,014,886.00 The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. ~J\ 5 It is further agreed between the parties that Husband shall fully indemnity Wife should she suffer any losses due to his failure to make timely payments on all mortgages referenced herein. It is further agreed between the parties that they will attempt to divide the PNC Advisors account on or about October 31, 2005. The parties acknowledge that the value as stated is approximate, and that the actual value on the date of distribution shall be divided equally between the parties. Simply stated, the parties will attempt to divide this on or about October 31, 2005, but regardless of the date the asset is divided, it is agreed that it shall be divided equally. 3. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnity and hold hannless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 4. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, f~ \,. 6 assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Subiect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnity and save hannless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. ComDlete Listinl!: of ProDertv. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable Distribution of ProDertv. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. 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 effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. ~' '( 7 8. Relinquishment of OwnershiD. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 9. After-Acquired ProDertv. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 10. Debts. A. It is agreed between the parties that Husband shall be responsible for the debts of the parties as more fully set forth in Paragraph 2. Husband promises to make all necessary payments promptly, and it is further understood that Husband shall indemnity Wife for any losses she may suffer, in the event Husband should fail to make all payments on said debts as agreed to herein. 11. BankruDtcv or Reorl!:anization Proceedinl!:s. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by t\ \ ,\ \/ 8 this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 12. Health Insurance. The parties mutually agree that Husband and Wife shall each be responsible for obtaining their own health insurance policy. 13. Alimonv. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support. 14. Full Disclosure. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed an Inventory and Appraisement as required by S3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 15. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against f~f 9 each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnity and hold hann1ess the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. , \ ~, , L . \ 10 17. General Provisions. 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. 18. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and 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 collusion or improper or illegal agreement or agreements. 19. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. ~\ ,\~' I,; 11 20. IndeDendent SeDarate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 21. Void Clauses. 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 continue in full force, effect and operation. 22. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 23. ADDlicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. Non-Merl!:er. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 25. Disclosure and Waiver of Procedural Ril!:hts. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of t, .\. \'v 12 the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. i\\ \. \. , . \/ , 13 f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 26. Tax Advice. Both parties hereby acknowledge and agree that it has been strongly advised to them that they obtain expert tax advice regarding this matter. Both parties hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by Mark T. SilIiker, nor has Mr. Silliker given any advice, or made any suggestions, promises or guarantees whatsoever regarding the tax implications of this Agreement. Furthermore, both parties hereby acknowledge that they have been strongly advised herein to seek their own independent tax advice, by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice, and have been strongly counseled as to the necessity of doing so. '\'\ , \ \'..1 \ 14 27. ReDresentation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by Mark T. Silliker, Esquire. Wife has been represented by Lori Serratelli, Esquire. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. , . ~_J.., --'\--"-_\ \ '/ ,'/J ~ ,,) ~&-- ~ ; " -:? ~ ~~ J/ f!!dr ~:;t1- Robert C. Bales COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: cl1 ' / On this i!!... day of Oc f-t'''lj.lj. , 2005, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Linda S. Bales, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. .4:~.ll~~. Linda S. Bales Witness my hand and Notarial seal, the day and year aforesaid. NOTARIAL SEAl DEBRA A EVANGELJSn Notary Pub/lc SUSQUEIfANNA IWP./MUPHIN COCJNTy My Cammluian Expjreo May 7. 200e : ( ( '.:h Jlei1'u, ('4-~'f',jAl(/ Notary Public l) _, My Commission Expires: 5 7 L (l r 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On thi~t of {}~k r , 2005, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Robert C. Bales, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. (!j.j( I3ca:~ Robert C. Bales Witness my hand and Notarial seal, the day and year aforesaid. '~~~!2- otary Public My Commission Expires: NOTARIAL SBAL ..... D>~L.l-lI. NolaIJ .... ~ l'utDD Twp., Daup\da Coaa\J My ComminloD I!zpireI Not'. 30, 2004 16 v. : IN THE COURT OF COMMON PLEAS : DAUI'HfN COUNTY, PENNSYLVANIA : CHrN5Ef?tIWD : NO. 05-3570 CIVIL TERM ROBERT C. BALES, Plaintiff Defendant CIVIL ACTION - LA W IN CUSTODY LINDA J. BALES, ACCEPTANCE OF SERVICE I, Lori Serratelli, Esquire, attorney of record for the Defendant, Linda J. Bales, hereby certity that 1 accept service on her behalf of a Complaint in Custody in the above-captioned matter on ~ )~ t7 () ,2005, by first-class mail, postage prepaid. Date: ") ~ ;:)c:; - 0 S '\ r I ~~-~_s&J' Lop': afeIli, Esquire " ROBERT C. BALES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3570 LINDA S. BALES, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infOlTIlation, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) () 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: July 20,2005, by first-class mail, postage prepaid. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: January 26,2006 by Plaintiff; February 13,2006 by Defendant. (b) (I) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: January 30, 2006. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: February 17,2006. 6. Social Security Nwnbers: (a) Plaintiff: 522-76-7529 (b) Defendant: 240-66-3838 "' (: - 'to+:f:+;:f '+:;to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . + . + Ot.;+::t::f +:f+;!;:+; :+i:f.:t: :.i:.i :f.:.i'l' :.i ++:.i+++++:f.+++:.i :f :.i+:.i :f 'l':f+:.i+;to++;to++++'l':.i++++'+:+~ + + + + + + + n IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF Robert C. Bales. No. 05-3570 Plaintiff VERSUS Linda S. Bales, Defendant DECREE IN DIVORCE AND NOW, />-1~ t:: - ,;Z.O(, , IT IS ORDERED AND Bales Robert C. , PLAINTIFF, DECREED THAT + + + + + + + + + + + . + + . . + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +. Linda S. Bales , DEFENDANT, AND 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 Marriaqe Settlement Aqreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorc + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + . + . + + + + . . + + + + . + + + + . + . + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + . Ot.+++++:.i+:f+++++:.i :.i'+:~+++:f+++++++++:.i++++ ~ PROTHONOTARY :f+:tOt.+++:f:f'f'f J. . }ll7rz.~:? jip fl. /:r~" ~.~. /!'?!-, Y71';Y -f:v '?Z-. ~trpVf( /~J . r9 .' iii 'j ; ,1)0 L. F "71' L f..~