Loading...
HomeMy WebLinkAbout01-4230 ., "'''''''''' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DAVTD W. CUPP No. 01-4230 Civil Term VERSUS MICHELLE L. CUPP DECREE IN DIVORCE AND NOW, .....,- V- I 4I...J ~ r_ 0 ca-~: ,r".A · )ooJ., IT IS ORDERED AND II DECREED THAT DAVID W. CUPP , PLAI NTI FF, AND MICHELLE L. CUPP , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY. 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; NONE. See Marital Settlement Agreement attached as Exhibit "A" to be incorporated 'nto the final divorce decree. ATTEST: J. (}~ PROTHONOTARY , .~ 't rr1 ~ (/11(.1 ~ 1MJ! #r7 :z 11/','71>' 4N; pP ('~ N I " .. , . 1 t [ ~ \\ ,'0 '*-- A - . MARIT AL SETTLEMENT AGREEMENT THIS AGREEMENT, made this,;7Jliday ofbiL1fll1ttlYY200l, by and between David W. Cupp (hereinafter "Husband") of Camp Hill, Cumberland County, Pennsylvania and Michelle L. Cupp (hereinafter "Wife") of Harrisburg, Dauphin County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on September 14, 1996, in Dauphin County, Pennsylvania; and WHEREAS, no children were born of the marriage; and WHEREAS, unhappy differences and difficulties have ansen between the parties, m consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, Husband and Wife are Plaintiff and Defendant, respectfully in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No,: 01-4230. WHEREAS, the parties desire to settle fully and fmally their respective fmancial and property rights and obligations as between each other, including but not limited to the o\VIlership and equitable distribution of real and personal property; past, present and future" support, aiimony and/or maintenance; and any and all claims which either party has, or may have, against the other or, the other's estate; and NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties , Document #: 210882.1 '1\ \~ ., acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon the disclosure. 3. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any ~d all claims or d~m~~s made against ,the ~ther by reason of debts or. obligations incurred by that party. 4. W ANEROF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be Document #: 18392].1 v\\\~\) ~ . effective regardless of whether such claims anse out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 5. REAL ESTATE (a) The parties own as tenants by the entireties improved real property situated at 5213 Woodlawn Drive, Harrisburg, Dauphin County, Pennsylvania. Husband waives any and all interest, right or claim to the equity in the marital home. .In exchange Wife agrees to obtain .refinancing to remove Husbancj.from any obligation for the mortgage before October 1, 2001. Wife agrees to assume all responsibilities for the property including, but not limited to, the mortgage taxes and insurance and agrees to indemnify husband therefore. In the event that Wife does not obtain refinancing to remove Husband's name from the mortgage, by October 1,2001, Husband and Wife agree to cooperate in the sale of the property. Any proceeds resulting from the sale of the property will go to Wife.] Document #: 183921.1 ,l~ ~,\\ 1\ 6. DIVISION OF PERSONAL PROPERTY All personal property currently in the possession of Husband shall be the sole and separate property of Husband. All personal property currently in the possession of Wife shall be the sole and separate property of Wife. 7. MOTOR VEHICLES (a) Wife shall retain sole and exclusive ownership of the 1999 Volkswagen Jetta in her possession and agrees to assume sole responsibility for all outstanding encumbrances, if any, and agrees to indemnify Husband therefor. (b) Husband shall retain sole and exclusive ownership of the 2000 Ford Ranger and agrees to assume sole responsibility for all outstanding encumbrances, if any, and agrees to indemnify Husband therefor. (c) Both parties agree to execute, within thirty (30) days of the date of this Agreement, any and all forms, titles and documents necessary to transfer the aforesaid vehicles from joint ownership to individual ownership, as specified herein. 8. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage, except as listed below. Any debts or obligations incurred by either party in hislher individual name, other than those specified herein, whether incurred before or after separation are the sole responsibility of the party in whose name the debt or obligation was incurred. Document #: 183921.1 0\\\}~ 9. RETIREMENT BENEFITS AND IRA's Both parties waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be in any individual retirement accounts/investment accounts of the other party, if any. 10. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 11. AFTER-ACOillRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 12. INTENDED TAX RESULT. By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may otherwise be expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. 13. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Document #: 183921.1 "\\~~ The parties' Agreement with respect to spousal support, alimony pendente lite and alimony is non-modifiable for changed circumstances. 14. LIFE INSURANCE Any life insurance policies which each party has remain the separate property of that party. Each party hereby waives, releases, renounces and forever abandons all of their right or interest in the others life insurance, if any. 15. HEALTH INSURANCE Any health insurance policies which each party has remain the separate property of that party. Each party hereby waives, releases, renounces and forever abandons all of their right or interest in the others health insurance, if any. 16. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. 17. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and Document #: 183921.1 ~,~~ V~\~ \ . voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 18. DIVORCE Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 19. EFFECT OF DIVORCE DECREE ON AGREEMENT It is agreed that this Agreement shall be incorporated by reference into the fmal divorce decree, but not merged therein. Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as amended. As provided in section 31 05( c), prOVlSlons of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 20. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 21. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and Agreement. 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. AGREEMENT BINDING ON HEIRS Document #: 183921.1 ~\~~ This Agreement shall be binding on and shall ensure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 23. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior Agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 24. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 25. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 26. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal Agreements. 27. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 28. A TIORNEYS' FEES FOR ENFORCEMENT Document #: 183921.1 ~~ J\,\ '\'P .r" If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WIlNESS: ~--~ lff(;j;Ji!d (/ 16,- f C!{ (1M~'n 1j)~a1 v III I"~ " ~ Michelle L. Cupg Document #: 183921.1 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN On this, the ..:zS"lltday of UEeEMBE;iCJ, 2001, before me, the undersigned officer, personally appeared David W Cupp known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL CAROL A. LYTER, NOTARY PUBLIC Harrisburg, Dauphin County My Commission Expires Dec. 28 2004 t2.,/ a ~. My Commissio xpires: *************************************************************** COMMONWEALTH OF PENNSYLVANIA COUNTY OF iJ1urfti'f\, ss On this, theCS-tt-- day of ~, 2001, before me, the undersigned officer, personally appeared Michelle 1. Cupp known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (;JUJ~shaoL My Commission Expires: NOMRiAL SEAL RENEE OOEtSBACH. Notary PublIC CIty of Hm"sbu'll Dauphin County My ComffiISSlOntxp,,6S Nov, 30, 2002 Document #: 210882.1 .\\~ ",.~~_.._-------.., o f'J ~ ") to (") ?; ~~. ~]:.: r;:;: ;...:: ~~~~, PC Z ~ .-S;;) , , w ()O ~ ~ c::::> I'; ~. .~il 1 f' .; U:J :"'J-"" (P DAVID W. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on July 11,2001, and served on Defendant by certified mail, return receipt on July 13, 2001. Affidavit of Service was filed on July 16, 2001. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiffs and Defendant's Affidavits of Consent required by Section 3301(c) of the Divorce Code: Plaintiff - December 19, 2001, and filed December 21, 2001 Defendant - December 8, 2001, and filed December 21, 2001 (b)(1) Date of execution of Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: N/ A (2) Date of service of the Plaintiffs affidavit upon the defendant: N/ A 4. Complete the appropriate paragraphs: (a) Related claims pending: None Document #: 223646.1 (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: See Agreement attached hereto as Exhibit "C". (d) State whether any written agreement is to be incorporated into the Divorce Decree. See Agreement attached hereto as Exhibit "C". 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(i) of the Divorce Code: N/A (b) Date Plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: December 21, 2001 Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: December 21, 2001. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~a ~ \JaJ\ Cht, Melissa L. VanEck, Esquire Attorney I.D. No. 85,869 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: December 28, 2001 Document #: 223646.1 . . . , . xh ;h,-t A . . . . DAVID W. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 11,2001, and served upon Defendant on July 13, 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 correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: L?J ~q \0 \ 0 0 --, s: c::J 'J , f '-I", mr~' ~--~ C) z;=-',; ;""'0 Cf?)- -" - ~C. -t::1 :S ZC; --';'" -"- 5>0 S .. C~ " ~.- r:- =< ~- -, ...A.) -< Document #: 221753.1 . . . . . . xh'\ b+ D DAVID W. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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. S 4904 relating to unsworn falsification to authorities. Date:~ ~ \ \ Ol.. \ 0 \ (") c ,- . c:::: " s.. :::1 "'tJ r"; P1 Hi g;; L> ~- :;-~ ~ " !"'v _.. en -< r::: l. -;-, -. ).:: C -"" :z: () 5> r,) 5:=; :-:-1 .-:.-.. ~ -,..-, ~ Document #: 221753.1 DAVID W. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: Ii, /3/{)! I ( 1J!lJ~ ~ Michelle L. C ~; c> ~ ~ -r-:J 92~~ -7 ;::. L__ t... ~f .- '-, ?':C'i ~~ Z =< ~. ..... \._) , ...... ~ . , l--:> ~-,- :"~.) c- -7 '~:-J -:-":"1,1 :~_.I ~~~ ~J -< N Document #: 221753.1 . . , I . . xh; bi{ C MARIT AL SETTLEMENT AGREEMENT THIS AGREEMENT, made thisJJ!iday of ,Dil1i!fh'htV200l, by and between David W. Cupp (hereinafter "Husband") of Camp Hill, Cumberland County, Pennsylvania and Michelle L. Cupp (hereinafter "Wife") of Harrisburg, Dauphin County, Pennsylvania. WIlNESSETH: WHEREAS, the parties are Husband and Wife, married on September 14, 1996, in Dauphin County, Pennsylvania; and WHEREAS, no children were born of the marriage; and WHEREAS, unhappy differences and difficulties have ansen between the parties, In consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, Husband and Wife are Plaintiff and Defendant, respectfully in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No.: 01-4230. WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equItable distributlOli of real and personal prop~rty; past, present and future' support, alimony and/or maintenance; and. any and all claims which either party has, or may have, against the other or the other's estate; and NOW, THEREFO~, in consideration of the mutual promises, covenants and undertakings . hereinafter set forth and for other good and valuable consideration, receipt of which the parties Documerlt #: 210882.1 v\\\i~ acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEP ARA nON Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon the disclosure. 3. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other p~ from any and all claim~ or demands m~de ag~ins~ the other by reason of debt~ or obligations incurred by that party. 4. WANER OF RIGHTS. AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising. out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be Document #: 183921.1 v \ \ \~ ~ effective regardless of whether such claims anse out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 5. REAL ESTATE (a) The parties own as tenants by the entireties improved real property situated at 5213 Woodlawn Drive, Harrisburg, Dauphin County, Pennsylvania. Husband waives any and all interest, right or claim to the equity in the marital home. ~ exch~ge Wife agrees to obtain refinancing to remove Husband from any obligation for the mortgage before October 1, 2001. Wife agrees to ass~e all responsibilities for the property including, but not limited to, the mortgage taxes and insurance and agrees to indemnify husband therefore. In the event that Wife does not obtain refinancing to remove Husband's name from the mortgage, by October 1,2001, Husband and Wife agree to cooperate in the sale of the property. Any proceeds resulting from the sale of the property will go to Wife.] Document #: 183921.1 ,l~ ~~{\I\ 6. DIVISION OF PERSONAL PROPERTY All personal property currently in the possession of Husband shall be the sole and separate property of Husband. All personal property currently in the possession of Wife shall be the sole and separate property of Wife. 7. MOTOR VEHICLES (a) Wife shall retain sole and exclusive ownership of the 1999 Volkswagen Jetta in her possession and agrees to assume sole responsibility for all outstanding encumbrances, if any, and agrees to indemnify Husband therefor. (b) Husband shall retain sole and exclusive ownership of the 2000 Ford Ranger and agrees to assume sole responsibility for all outstanding encumbrances, if any, and agrees to indemnify Husband therefor. (c) Both parties agree to execute, within thirty (30) days of the date of this Agreement, any and all forms, titles and, documents necessary to transfer the aforesaid vehicles from joint ownership to individual ownership, as specified herein. 8. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage, except as listed below. Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation are the sole responsibility of the party in whose name the debt or obligation was Incurred. Document #: 183921.1 J\\\t~ 9. RETIREMENT BENEFITS AND IRA's Both parties waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be in any individual retirement accounts/investment accounts of the other party, if any. 10. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 11. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 12. INTENDED TAX RESULT. By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such ~qual division conforms to a right and)~st standard with regard to the rights of each party. The division of existing marital property is not, except as may otherwise be expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. 13. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Document #: 183921.1 .. "\\+ \') The parties' Agreement with respect to spousal support, alimony pendente lite and alimony is non-modifiable for changed circumstances. 14. LIFE INSURANCE Any life insurance policies which each party has remain the separate property of that party. Each party hereby waives, releases, renounces and forever abandons all of their right or interest in the others life insurance, if any. 15. HEALTH INSURANCE Any health insurance policies which each party has remain the separate property of that party. Each party hereby waives, releases, renounces and forever abandons all of their right or interest in the others health insurance, if any. 16. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of his /her own counsel fees and expenses. 17. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and . Document #: 183921.1 ~~~'0 V~\~ \ voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 18. DIVORCE Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 19. EFFECT OF DIVORCE DECREE ON AGREEMENT It is agreed that this Agreement shall be incorporated by reference into the [mal divorce decree, but not merged therein. Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as amended. As provided in section 31 05( c), provIsIOns of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 20. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 21. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and Agreement. 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. AGREEMENT BINDING ON HEIRS Document #: /83921./ ,,\\~'0 This Agreement shall be binding on and shall ensure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 23. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior Agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 24. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 25. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 26. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal Agreements. 27. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 28. ATTORNEYS' FEES FOR ENFORCEMENT Document #: 183921.1 ~ ,,^,,\'\f If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: WflilJd (/ 1i/1{ f ct ~~'n I/)~ah v/l (I " ',' '~I: Michelle L. CUP9 ------ (\ Document #: 183921.1 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN On this, the ..2rlltday of DEe.6MBE;R.../, 2001, before me, the undersigned officer, personally appeared David W Cupp known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WIlNESS WHEREOF, I hereunto set my hand and official seal. NOT ARJAL SEAL CAROL A. LYTER, NOTARY PUBLIC Harrisburg, Dauphin County My Commission Expires Dee, 28 2004 ;:L/ a ~ My Commissio xprres: *************************************************************** COMMONWEALTH OF PENNSYLVANIA COUNTY OF I::narJtt'f\ ss On this, the~day of ~, 2001, before me, the undersigned officer, personally appeared Michelle L. Cupp known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~jPJJ)e~L My Commission Expires: NO~RlA.L SEAL RENEE DREtSBACH. Notary Public CIty of Ha~l'lsbtJ~ Dauphin County My Comm'ss><m-E"p<<es Nov, 30, 2002 Document #: 210882.1 .\\~ DAVIDW. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 28th day of December, 2001, I, Melissa L. Van Eck, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiff, David W. Cupp, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Michelle L. Cupp c/o Mark T. Silliker, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~ (]I Ytur !l!Ic M issa L. VanEck Document #: 223646,] o r-.J ~ ;> ~ ------ .- Q ~,' "&\1'\ -!.~. tT::- -'. t;"~ :..- ".-' ~/; ~-.~~ 7~ :3. ~ \.N CP 1 f~ f_ - \ r :: --':";-' ::: -.,j.) : ,,) lC --; 3 ~ ----- Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO: Ol-~UO CIULlT~ DAVID W. CUPP, v. MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: Michelle L. Cupp 5213 Woodlawn Drive Harrisburg,PA 17109 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. 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF 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 Court Administrator 4th Fl., Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 Document #: 208902.1 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO: 01- Lj.;l30 ~ -J..u-.- DAVID W. CUPP, v. MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE COUNT I -DIVORCE 1. Plaintiff is David W. Cupp, who currently resides at 7 Richland Lane, Apt. 103, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Michelle L. Cupp, who currently resides at 5213 Woodlawn Drive, Harrisburg, Dauphin County, Pennsylvania 17109. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 14, 1996 in Harrisburg, Dauphin County, Pennsylvania. The parties separated on April 11, 2001. 5. There have been no prior actions of Divorce or for annulment between the parties. 6. 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. 7. The marriage is irretrievably broken. 8. Plaintiff requests the court to enter a decree of divorce. Document #,' 208902,/ COUNT II - EQUITABLE DISTRIBUTION 9. The averments of paragraph 1-8 are incorporated herein by reference. 10. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff, David W. Cupp, requests the Court to enter a Decree in Divorce and such other orders as may be just and appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: UYU2~ e, -luclJ Melissa L. Stickel, Esquire Attorney I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Dated: '1 \ \ 0 r D \ Attorney for Plaintiff Document #,' 208902.1 VERIFICATION I, David W. Cupp, do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Date: 7/ Z /Df I I Document #: 208902,1 p~ ~ {,g. ~ '\. ~ "0~ l'l ~ __ If- <3 () ~ 'I;) '\11 6~.t; q\) \J ~b ~ -;- ~~-+ ~~ o .-*' -..-- LA ': ~ - -- d ~ '" ._~\ o -, . -" -<. o ...J --0 ? -------------- DAVIDW. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE I, Melissa L. Stickel, counsel for Plaintiff, David W. Cupp, hereby certify that a true and correct copy of the Complaint in Divorce was served upon the following, by certified mail, return receipt on July 13, 2001. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of the return receipt card indicating service upon: Michelle L. Cupp 5213 Woodlawn Dr. Harrisburg, PA 17109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: fl -I w - 0 I ~f d JLLc~J Melissa L. Stickel, Esquire J.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Document #,' 210985,1 . . . . (' 7Zh'\ 61+ A Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. I' '~,i ~ Sifi3 w().C,cR leu:m {1". ~j - P f4 I 7 I D l} 3. Service Type \ji4;ertified Mail o Registered o Insured Mail o ""~' M.;I r= ~eturn Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Copy from service label) ,/000 /67000// Y5Vg O~/y PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M.0952 DAVID W. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I, Melissa L. Stickel, Esquire, do hereby certify that I served a copy of the Affidavit of Service upon the Defendant by mailing a copy to them, regular first class mail, on the rJ ,'1-1 day of July, 2001, at: Michelle L. Cupp 5213 Woodlawn Drive Harrisburg, PAl 71 09 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Lffklt~ 01 Jh(il f jJ Melissa L. Stickel, Esquire I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Date: rr - / (jJ-OJ Document #,' 210985,1 'ri , ,It -I '. <:- t) ::. \' ~ '~." ~ r ~ --t DAVID W. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 11,2001, and served upon Defendant on July 13,2001. 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 correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: !},/ 6/uL I tl ___ /j/ Michelle L. Cupp Document #: 221753.1 g 0 r. ~) ," ~ 0 -CO.l f"" ~[:!.1 CJ _t' N '-I"T\ 2ft; ;'!":) , , (f),,_, .J () ~~<. ~~.-.; ,<:C! -0 ~'-r t ,0 ~O 3 :,"-> (") "':"0 ~ ."~ ~C C~) ; I' ,_l ~ ::"" ?:5 00- -< - ---- .-----'.- .. . DAVIDW. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: /} / t jC)! I { .- Document #: 221753.1 -------- ------.-' () 0 ~. ....~.J c: "'1\ ~ 0 -0 OJ rr, 92 t:r; n Zf'::: 1':> ~2: ~c' -u %0 :x 5>g 1'3 '~ ~ t::'"" ::<: - , . DAVID W. CUPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 11,2001, and served upon Defendant on July 13, 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 correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: ) ;;2... \ \/1 \ 0 \ Document #: 221753.1 ----"..,^ (') 0 c c: .~rt s: c:::> "'0 Q:' f" [!.)n n ~ "'- :1:' i".) ,'.' Z t;:: CJ ~:? '- '< C~- "'"0 ,.~. J:.:C :> -~~~ .... ./ Zr, N ::-::: t-;-:' ~?:: : ~ s::- "i::~ :P r':) ~ . , . . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID W. CUPP, v. NO: 01-4230 Civil Term MICHELLE L. CUPP, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: \ ~ \ V~~, \ 0 \ Document #: 221753.1 (") 0 c ~ L:> -0 OJ;-q CP q::-' ;:-) 7\:.: N (j) e.,: -<,,;. '< C --0 J>C ::;;.: ::z:: e' - J>c: N ~ ~ o -on :')F~-; ,-<() --{", ~.~ 2~5 t::~) i ..(1 ::~ 5; -< - . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .. Dll\li cLbL .~ Plaintiff File No. () j -0230 C,vil ~rTY1 vs. IN DIVORCE ) A ICJlt/lt J -- L . ~ffCan De fan t NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter. having been granted a Final Decree in Divorce on the . Tday of JZi t:1l1o.r~ I ~ :>-. he~ebY e1ects to resume the prior surname of _ IO{.{E~eV . and gives this written notice pursuant to the provisions of 54 P.S. S 704. om, _3-/5')92=---- TIU rJv # IhvJ &7jP- ~~re vll-J ~ resumed COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On the 5'r~.__ day of~}lCl_~~-h~, aCOd-' before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subseT i bed to the wi t h i.n document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Wi\ne~;s Whereof, I have hereunto set my hand and official ~; e a I _ NOTARIAL SEAL JODY S. SMITH. NOTARY PUBLIC Carlisle Bora, Cumberland County My Commission Expires Apnl4. 2005 _'-..1 oeL\.{ \5', .~SCi~~ Notary Public .....--.. :J 0 0 C \~..) % .~< ~ .':-~ ~ -eel . ".,.... .,\ r\I\; , ':--:J 7" :-r_-~ ~ ~{ \ ~. ~ c .--- ~ ~~-::::' '- ..r~ "'\. -, ~ i~ ~~< -",'1'0 '""'- -",. c:. c- ~' ~ ,,) \) --.:: (? ~ ~ ~ G "