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HomeMy WebLinkAbout01-4397 II ... ~ &;,/-, -('0' L I L ~7 f;:t' 1'- ff;' 46v1"{J. (VOL IL -W:>O ~.frr ~ /Y - . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-04397 RICHARD G. SEBRING, Defendant CIVIL ACTION - LA W IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 93301(c) of the Divorce Code. 2. Date and manner of service of the complaint: via Acceptance of Service August 7, 2001. 3. Date of execution of the affidavit of consent required by 9 3301(c) of the Divorce Code: by Plaintiff: July 5, 2002; by Defendant: June 30, 2002. 4. Related claims pending: All matters have been resolved between the parties pursuant to an Agreement of record reached on June 30, 2002 and incorporated, but not merged into the Decree. 5. Date Plaintiffs Waiver of Notice in 93301(c) Divorce was filed with Prothonotary: July 9, 2002. Date Defendant's Waiver of Notice in 93301(c) D' rce was filed with Prothonotary: July 9, 2002. / ,//// // / ~ arbara Sumple-Sullivan, Esquire { 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Dated: -i-L 2002 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Counsel for Plaintiff ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-04397 RICHARD G. SEBRING, Defendant CIVIL ACTION - LA W IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 North Second Street Harrisburg, P A 17110 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court J.D. No. 32317 Attorney for Plaintiff DATED: 1, 2002 o ~ -vet, n'I'J". ";"f~-' ~~" ~~ (__"1 ,L=CI pc:: ;.::: ~ c::> f"0 n '~1 ".1 , c: i :; ~g "0 >:: t-~J ~; C) ,~~ Om --I "";--> 'j,J -< ::J \0 1;' MARITAL SETTLEMENT AGREEMENT Made and concluded this eii/ day of JUNE, 2002 by and between RICHARD G. SEBRING, of Mechanicsburg, Cumberland County, pennsylvania, (hereinafter referred to as HUSBAND) . -AND- ALICE M. SEBRING, of Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as WIFE) . I II '[ WITNESSETH: WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason of which continued cohabitation as husband and wife has been rendered impossible. WHEREAS, the parties have made full disclosure to each other of their assets and liabilities, and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all /I disputes existing between them, including any and all claims for WIFE'S and/or HUSBAND'S maintenance and/or for spouse support, alimony pendente lite, alimony, counsel fees and expenses, custody and equitable distribution; and WHEREAS, the parties intend this Agreement to be a full and complete Postnuptial Agreement, providing for the absolute and final settlement of all their respective marital and property rights and claims for spouse support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution of marital property. NOW THEREFORE, for and in consideration of the mutual I benefits to be derived by the parties and intending to be I I legally bound hereby, the parties hereby covenant and agree as I follows: I ! II 1. ADVICE OF COUNSEL: The provisions of this Agreement and il I Ii their legal effect have been fully explained to the parties by il !I their respective counsel, Jordan D. Cunningham, Esquire, for I, II !I HUSBAND and Barbara Sumple-Sullivan, Esquire, for WIFE. Each ii II II party acknowledges that he or she has received independent legal II advice from counsel of his or her selection and that each fully II understands the facts and has been fully informed as to his or II il il 2 II Iii t, II her legal rights and obligations and each party acknowledges and accepts that this Agreement is, in 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. 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each of the parties further acknowledges~ that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further 3 II disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waives, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, Ii ,I I I reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree, except as otherwise provided herein, for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL PROPERTY: HUSBAND warrants and represents to WIFE, and WIFE warrants and represents to HUSBAND, that they have effected a fair and equitable division of all marital property of the parties, and that any and all marital property, except as expressly provided herein, presently in possession or under the control of WIFE shall be the property solely of WIFE, and that any and all marital property, except as expressly 4 II provided herein, presently in possession or under the control of HUSBAND shall be the property solely of HUSBAND. Neither party shall make any claim to any items of marital property, or of the separate personal property of either party, which are awarded to the other pursuant to the provisions II of this Agreement or which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or I I I I I I I I I ! ! il :1 Ii !I il Ij I, " Ii " Ii II 'I I! I) II II II ! documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the- possession or control of the party. HUSBAND and WIFE do hereby waive and forever release any interest or right either may have to make any claim against or to assert any interest or right to or in any retirement plan, pension plan, profit sharing plan, or other employee benefits of any nature or type earned or provided to the other. 5 i II II II . ~ I' 4. REAL PROPERTY: a. 3 Pamela Place: WIFE does hereby covenant, intend and agree that HUSBAND shall continue to reside in the jointly owned premises at 3 Pamela Place, Mechanicsburg, Cumberland County, Pennsylvania. It is specifically agreed said residence may be sold at the unilateral option of HUSBAND at any time. WIFE hereby waives her right to enter said residence without the permission of HUSBAND, and she waives any right of partition which she may acquire except to the extent which may be provided in this Agreement. HUSBAND agrees that while he occupies said residence, he will make prompt payment of the existing mortgage, when required under the terms of this Agreement as set forth in Paragraph 7. PROVIDED, however, nevertheless, HUSBAND shall, by i il Ii I II ;1 I, II II il !I I, ii :[ II I: I II il I ! I I )/ \1 ,I II September, 2003, either refinance and retire the existing mortgage or secure WIFE'S release from the existing mortgage and note. In the event HUSBAND cannot either refinance the existing mortgage or secure WIFE'S release from the mortgage and note, then HUSBAND shall, on at least a quarterly basis, seek refinancing of the existing mortgage from a reputable lender and give notification to WIFE of his application for new financing. If, by June, 2007, WIFE is not released from the existing 6 I I' mortgage by either release or refinancing then, in that event, she shall have a right to use the limited power of attorney given to her by HUSBAND pursuant to the terms of this Agreement to list and effectuate a sale of the home to satisfy the mortgage. HUSBAND also agrees to keep the residence in good repair. The parties agree that in the event HUSBAND dies prior to WIFE'S release from the obligation of the existing mortgage and note, HUSBAND'S personal representative shall immediately make arrangements for an immediate sale of said premises upon such terms and condition as are satisfactory to HUSBAND'S representative as long the mortgage and note owed to First united Mortgage Services, its successors and assigns, is paid in full as the result of the sale. In the event HUSBAND determines to sell the home prior to WIFE'S release from the obligation of the existing mortgage and note, WIFE shall execute- any and all documents necessary to effectuate the sale. The parties agree HUSBAND shall not rent the premises without first obtaining WIFE'S written approval. It is understood and agreed that HUSBAND shall solely be entitled to the net proceeds derived from the sale of said 7 II f ... premises, which shall be calculated by subtracting the broker's commission, if any, the balance of the existing mortgage owed to First united Mortgage Services, its successors and assigns, transfer taxes, and other normal costs of settlement regardless if the premises are sold by HUSBAND, his estate, or WIFE pursuant to the limited power of attorney. WIFE agrees to irrevocably name HUSBAND as the devisee of her interest in the said premises located at 3 Pamela Place, Mechanicsburg, Cumberland County, Pennsylvania in her Last will and Testament and HUSBAND, in consideration of the same, shall indemnify and hold harmless WIFE'S estate from the mortgage given to First united Mortgage Services, its successors and assigns. If, in the future, WIFE receives a notice of default from the existing mortgagee, First united Mortgage Services, its I successors and assigns, caused by HUSBAND'S non-payment of :1 i mortgage payments, insurance, real estate taxes, or failure to I I I comply with any other terms of the mortgage, in that event, I I I notwithstanding any other terms of this Agreement, WIFE, upon receipt of such notice, shall allow HUSBAND the right to cure the default within fifteen (15) days. WIFE shall, by the terms ii i I I i I I I I I I of this Agreement, have the HUSBAND'S limited power of attorney 8 II 1" II to list the property at 3 Pamela Place, Mechanicsburg, Cumberland County, Pennsylvania for sale with a reputable realtor, at a price which, in the opinion of WIFE, is both reasonable and prudent and will assure a prompt liquidation of the property but, not less than the sum necessary to retire the principal, interest, and ancillary costs of the defaulted mortgage, and the real estate taxes due and owing, if any. If WIFE cures the alleged default(s); if WIFE makes any payment (s) on the defaulted mortgage obligation on behalf of HUSBAND; WIFE shall have the right, at the time of the sale of the marital domicile, to be reimbursed from the proceeds of the sale for all monies she has paid to cure the default or monies she has paid on behalf of HUSBAND, together with accrued interest to be calculated at Allfirst Bank's prime lending rate, plus two (2) additional interest points. In order to better secure the provisions of this paragraph, WIFE shall execute a deed to HUSBAND which shall be held in escrow by HUSBAND'S attorney to be delivered to HUSBAND upon his faithful and complete fulfillment of the terms of this Agreement. 9 'I I b. 1528 Tussev Court. HUSBAND does hereby covenant and agree that WIFE shall have the right to reside in the jointly owned premises located at 1528 Tussey Court, Mechanicsburg, Cumberland County, Pennsylvania. HUSBAND shall execute a spousal waiver and a special warranty deed transferring all of his right, title and interest to the premises and shall deliver the same to WIFE upon her execution of this Agreement. 5. LUMP SUM PAYMENT: In consideration of HUSBAND'S waiver of all rights arising from the marital relationship, except as provided herein, WIFE shall pay to HUSBAND the sum of Fifteen Thousand and 00/100 Dollars ($15,000.00). Said sum shall be paid to HUSBAND within ten (10) days of WIFE'S settlement with a lender but, in no event, later than July 31, 2002. I I I ! 1 !I il II II II II II II Ii i! [I II 'I II II I I II II II II ii 6. TAX CONSEOUENCES: 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 be otherwise- provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being 10 'I II . effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed. against the other resulting from the division of the property as herein provided. 7. DEBTS AND INDEMNIFICATION: HUSBAND and WIFE represent and warrant to each other that except as provided herein, neither one has contracted since separation or will in the future contract any debts, charges or liabilities whatsoever for which the other party or their property or their estates shall or may be or become liable or responsible, and they covenant that they will at all times keep each other free, harmless and indemnified against and from any and all debts and liabilities- heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. HUSBAND agrees to timely pay and be solely responsible for, and to indemnify and hold harmless WIFE from liability on, the existing mortgage owed to First United Mortgage Services, its successors and assigns. 11 II ;! 8 . WAIVER OF RIGHTS AND MUTUAL RELEASE: The part ies hereto have been informed of their rights by their respective counsel under and pursuant to the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by that party and shall not be subject to any claim whatsoever by the other party. Subj ect to the provisions of this Agreement, each party has released, discharged and, by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all cause of actions, claims, rights or demands whatsoever, in law or equity, which either of the parties ever had, now have, or can have at any time against the other, specifically including rights or claims to spouse 12 '- support, alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provisions of this Agreement. The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim and/or obtain spouse support, alimony pendente lite, alimony, counsel fees and expenses or equitable distribution of property. 9. ESTATE RELEASE: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the- estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to 13 II carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 10. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of real and personal property, tangible or intangible, 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. 11. INCOME TAX RETURNS: a. Prior Income Tax Return: The parties have heretofore filed joint federal and state income tax returns. This Agreement provides to HUSBAND the right to file an amended federal tax return for calendar year 2001. HUSBAND agrees that i 11 il il I I I Ii !\ 'I I, I' i! II I' d il ji [ I I I i I II II in the event any deficiency in federal, state, or local income tax is proposed, or any assessment of any such tax is made against WIFE by reason of her having joined in the filing of said joint returns, and/or an amended return, HUSBAND will indemnify and hold WIFE harmless from and against any loss or liability for any such tax deficiency or assessment and any interest and penalty incurred as a result of HUSBAND'S misrepresentation or failure to disclose the nature and extent 14 of HUSBAND'S separate income, including an assessment made with regard to the operation of the business known as Green Pond, and WIFE hereby agrees that she will indemnify and hold harmless HUSBAND from and against any loss or liability for any tax deficiency or assessment and any interest and penalty incurred as a result of WIFE'S misrepresentation or failure to disclose the nature and extent of WIFE'S separate income. b. 2001 Income Tax Returns: HUSBAND and WIFE shall file an amended federal income tax return for calendar year 2001. HUSBAND shall pay all costs associated with the filing of the return. HUSBAND shall be entitled to any federal tax refund due to the parties. WIFE shall fully cooperate with HUSBAND in completing the federal tax return, including, but not limited to, the providing to HUSBAND of all information necessary to complete the tax return; providing records substantiating allowable deductions; execution of the federal tax return; endorsing any refund checks; and executing and delivery of any and all instruments which may be necessary or advisable to carry into effect the purposes of this paragraph. 12. COUNSEL FEES: HUSBAND and WIFE shall each be solely responsible for any and all counsel fees, costs and expenses each of the parties may incur in connection with the negotiation 15 " . II and execution of this Agreement and the dissolution of their marriage. 13. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or determine fit. 14. NO INTERFERENCE: Each party shall be free from interference, authority and control, direct and indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, compel, or endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society or acquaintances which either of the parties hereto may choose or have from this day forward. Neither party shall do or say anything to HUSBAND'S child at any time which might in any way influence the children adversely against the other party. 15. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto- specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of 16 II . ' II this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as a beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary of any asset after the date of execution of this Agreement, then this waiver provision shall not bar that party- from qualifying as such beneficiary. 16. RELEASE OF CLAIMS: (a) HUSBAND and WIFE acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code and HUSBAND and WIFE hereby waive any right to division of their property except as otherwise provided for in this Agreement. Furthermore, except 17 ~ as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in or to property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document- executed pursuant to this Agreement. HUSBAND and WIFE shall hereafter own and enjoy independently of any claim or right of the other, 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 fully and effectively for all purpose. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate 'of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the 18 , . !I ! II pennsylvania Divorce Code of 1980 its supplements and amendments, as well as any other law of any other jurisdiction, except and only except all rights and obligations arising under_ this Agreement or for the breach of any of its provisions. (c) Except as otherwise provided herein, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her 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 of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the Ii II il II II II I' il Ii II '1 II II II II II II II 'I 1\ jJ 'I 11\ 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 any other country. 19 . / , II 17. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement. 18. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 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 or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 201(c) of the Divorce Code of 1980. The parties shall sign simultaneously with the execution of this Agreement, Affidavits of Consent to secure said no-fault divorce and the divorce action shall be promptly concluded. 19. ABSOLUTE AND FINAL SETTLEMENT: The provisions of this Agreement are intended to consider, determine, and distribute all of the assets of the parties hereto as part of the terms of 20 II II I' II I this Postnuptial Agreement. This Agreement is intended by the parties hereto to be a valid postnuptial Agreement, providing for the absolute and final settlement of their respective property rights and all obligations of spouse support. This Agreement is not intended to be a mere Separation Agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 20. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT: Each party acknowledges that this Agreement has been entered into of his or her own volition, (with full knowledge of the facts and full information as to the legal rights, liabilities and the assets of the other), and that each believes the Agreement to be reasonable under the circumstances and not the result of any duress or undue influence. 21. MODIFICATION AND WAIVER: Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement, or any right or option hereunder shall not be deemed a continuing waiver, and shall not prevent or estop such party 21 , / , II I from thereafter enforcing such provision, right or option, and the failure of either party to insist in anyone or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 22. INDEPENDENT SEPARATE 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 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. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 22 II 24. SURVIVAL OF THIS AGREEMENT: It is the intention of the parties that this Agreement shall survive any action for- divorce which may be instituted or prosecuted by either party and no Order, judgment or decree of divorce (temporary, interlocutory, final or permanent) shall affect or modify the financial terms of this Agreement. 25. BREACH: If either party breaches any provision of this Agreement, (excluding however, provisions or terms relating to child custody or child support) the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other legal or equitable remedies or relief as may be available to him or her; and the party breaching this_ contract hereby agrees to be responsible for payment of all attorney's fees, legal costs and expenses incurred by the other in enforcing their rights under this Agreement. 26. BINDING EFFECT: Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. 27. NOTICE: Any notice to be given under this Agreement by either party to the other shall be in writing and may be 23 , . II . effective by registered or certified mail, return receipt requested. Notice to WIFE, will be sufficient if made or addressed to the following: Alice M. Sebring 1528 Tussey Court Mechanicsburg, PA 17050 and to HUSBAND, if made or addressed to the following: Richard G. Sebring 3 Pamela Place Mechanicsburg, PA 17050 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 28. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or assets, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the_ provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, 24 J ( I I. . II that party shall pay to the other party all attorney's fees,- costs, and other expenses actually incurred as a result of such failure. 29. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 30. PRIOR AGREEMENTS: The parties specifically agree that this Agreement shall supersede and any and all prior agreements between the parties. I I ii ii II Ii Ii II i1 II I[ I, II Ii II d II II ii II il i 31. INCORPORATION OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 25 i i II II II If) . I II: . 32. AGREEMENT NOT TO BE MERGED: This Agreement shall not be merged into the parties' divorce decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity specifically are not waived or released. 33. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect 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 execute a statement declaring this Agreement or any term of this Agreement to be null and void. 34. 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. 26 ):.. "i . .. '" II - ! 35. SITUS: This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and date first written, each adopting the seal following his or her signature as his or her own. ,,' // / / .I HUSBAND: ~ ,/RfCHARD G. ..-" ') WIFE: ,/ bl\docs\divorce\p-agt-se 27 " ...,... COMMONWEALTH OF PENNSYLVANIA ss; COUNTY OF DAUPHIN On this, the :30 day of JUNE, 2002 before me, a Notary Public, the undersigned officer, personally appeared RICHARD G. SEBRING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto seal. t my hand and official ~ ~~,. Notarial Seal BIAnchi A. Morrison, Notary Public City Of Harrisburg, Dauphin County ~_~mtnlon Expires Nov. 8, 2005 Member, Pennsylvania Association 01 Notaries COMMONWEALTH OF PENNSY~V~IA/J.. '. ~ ss; COUNTY OF DAUPHIN Ct.w/l/dtl~ '- ': 1#5_5 On this, the ~~ day of(]~/2002 before me, a Notary Public, the undersigned officer~~OnallY appeared ALICE K. SEBRING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed;the same for the purposes therein contained. . / / IN WITNESS WHEREOF, I hereunto set ,~" and and official seal. .' I' NOTARY PUBLIC 28 o f'J L--\ S. ~ -. ~.; ~i'~ 7' '~ ,;--- , ~--::" ~~. ) -\-: .~_> (.~-1 >'~'.~ ~ ~ r (....~ -*~ ~... () -Yl "I , ,-n "t o .. ":'1 .-...~ () -'0 , >~,~ :"":".' UJ ,...., "'"""~ Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA NO. 0/ - .J.J197 ClOt: !~ RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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, Pennsylvania 17013 (717) 249-3166 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Alice M. Sebring, an adult individual residing at 1528 Tussey Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Richard G. Sebring, an adult individual residing at 3 Pamela Place, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on November 16, 1996 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There are no children born of this marriage. 6. The parties separated on August 27,2000. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service ofthe United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S 3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, ALICE M. SEBRING, prays this Honorable Court to enter judgment: 2 Dated: A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court deems just and reasonable. 7//J -I ,2001 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 3 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY , PENNSYLVANIA v. NO. RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated'l'~' J..~ ,2001 c-" ---L.!C'...J,i (Y\. .~ ALICE M. SEBRING , Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO, RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, ALICE M. SEBRING, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated1 >0" ~::, ,2001 4\~ ~ {'r\. ~JO~L\'\C~ ALICE M. SEBRING -- "J . > Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4397 RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Jordan D. Cunningham, Esquire, hereby accept service and acknowledge receipt of the above-captioned Complaint in Divorce on behalf of my client, Richard G. Sebring, having received said Complaint on the 2 day of Hc.:JcL~C ,2001. I hereby indicate I am authorized by my client to accept service on his behalf. Dated: /b/; I . ,2001 Jon D. Cun . gham, Esquire nningham & Chernicoff 2320 North Second Street Harrisburg, P A 17110 Telephone (717) 238-6570 Attorney for Defendant o c: <: -urr' !:9 1'"' ~-"- ZC (j) ": .::./' ~C:;.-! )>r z'--< ,--c, ~'C ~ o c:> n ..... C' j -n ',,05 '..0 -0 o (.J') <-) ~ ::-0 -< , J Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4397 RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 19,2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE:~' 2002 2 'Z -oGj fl\ln -e; --or 6.- ~,"..._' ~yc ..>>" ,-" 2>~-' ~-.,_/ .r'C:. -:::\ -:. o r-...J t.- c:: \ - - o -n .-'\ ":.:J. "r- _;'.-1'.... ,-,.~ -0 -'~'" q '::::l ,0 II .. .' .-i ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 - 04397 CIVIL ACTION - LAW RICHARD G. SEBRING, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on July 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein Date;; /.~() /0 :;l.. are made subject to the penalties of 18 Pa.C.S. to unsworn falsification to authorities. ?2 h----rcHARD G. SE 2- "2" -r) i.:{) q)~~ &5d/ ==< .- S2c, :2,:.C ~() F~~~ :.;:\ /' -- o t" 1:: \-:::: - - o -.-1 .-l -\ -' ~f~ ,.~,\,.( ':;.->,"::-;') ? ~O :~?\ :~. - !I -... .. ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 - 04397 CIVIL ACTION - LAW RICHARD G. SEBRING, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(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 are made subject to the penalties relating to unsworn falsification to Date: ~/301l) ~ II o c::. z -ocr, {"t'3(r\ ~1~ 5~~. -z. ...,.....\ _c o N , ::.:::. or - - ,-. ~~, .....;.&..... ? ~O - ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 4397 CIVIL RICHARD G. SEBRING, Defendant IN DIVORCE TO: Barbara Sumple-Sullivan Attorney for Plaintiff Jordan D. Cunningham Attorney for Defendant DATE: Thursday, March 28, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information 18 required that 1S not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. . . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. #dA2 DATE ./." / ,_,COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 April 2, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Sebring v. Sebring Docket No. 01-4397/ Cumberland County Dear Divorce Master Elicker: Pursuant to your request, enclosed please find my Certification of Discovery in the above- captioned matter. '7 Very truly y~~;e/ e .' Barbara Sumple-Sullivan BSS/ld Enclosure cc: Jordan D. Cunningham, Esquire (w/encl) Ms. Alice M. Sebring (w/encl) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-4397 RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER ANDNOW~tJ-,~~)/9 ,2002, t ~.ac;LuEsquireisappointed master with respect to the claims of Divorce. BY THE COURT: L~ 03- /9-0;( /1. ':,\\J T' ,. ~ ~ o :;._.\ i) (~>!;,\"Z'J Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4397 RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER (Pursuant to R. C. P. 1920.74) Alice M. Sebring, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite ( ) Review of (X) Distribution of Property ( ) Counsel Fees ( ) Costs and Expenses ( ) Support and in support of the Motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant has appeared in the action personally by his attorney, Jordan D. Cunningham, Esquire. 3. The statutory grounds for divorce are irreconcilable differences and indignities. 4. The action is contested with respect to the following claims: Equitable Distribution. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the motion: None Respectfully submitted, Dated:~, 2002 mple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Supreme Court J.D. #32317 (717) 774-1445317 Attorney for Plaintiff '- 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-4397 RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, hereby certify that on this date, I served a true and correct copy of the MOTION FOR APPOINTMENT OF MASTER, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 North Second Street Harrisburg, P A 17110 DATED~' 2002 ~arbara Sump1e-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 (') C) <z c \.,,) ::-~' ~ ) "3 t..' $:> 7 ~- .. ,-- , j )-;'"- ~ .' V\ ','1 ( ,., , . -.------------- Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4397 RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 AND NOW, this /S# day O~~02, comes Plaintiff, Alice M. Sebring (hereinafter referred to as "PETITIONER"), by and through her attorney, Barbara Sumple-Sullivan, Esquire and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support thereof states as follows: 1. A Complaint in Divorce was filed on July 19,2001. 2. Petitioner is the Plaintiff in the above action. 3. Petitioner requests your Honorable Court to equitably divide, distribute or assign the marital property between the parties in such proportions as the Court deems just pursuant to Section 3323, Section 3501, Section 3502, and Section 3503 of the Divorce Code of 1980, together with any amendments thereto. WHEREFORE, Petitioner requests your Honorable Court to equitably divide all marital property as the Court deems appropriate. DATE: 3k , ,2002 Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 Attorney for Plaintiff 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-4397 RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, ALICE M. SEBRING, hereby certify that the facts set forth in the foregoing PETITION RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. DATED: ~~_ --/~~Q fY\. ~"O ALICE M. SEBRING Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4397 RICHARD G. SEBRING, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICA TE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certifY that on this date, I served a true and correct copy of the foregoing PLAINTIFF'S PETITION RAISING MARITAL CLAIMS, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 North Second Street Harrisburg, PAl 711 0 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 Supreme Court J.D. No. 32317 (717) 774-1445 Attorney for Plaintiff DATED :Iu 7'fl-;w02 e, 'l f"...) ~;'1 , , . ~> ;<\ _ 'J - i ~ ~ , .. '> ~ .-...... - ~ ~ -.. - :,.) & ~ :n ~ ( .A:' qJ "V ~ ~ ~ V\ LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 May 10,2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Sebring v. Sebring Docket No. 01-4397 / Cumberland County Dear Divorce Master Elicker: This is to confirm your office's agreement to extend the pre-trial filing date from May 13th to May 23, 2002. This request had been made at the mutual request of myself and Mr. Cunningham, in order to allow for further evaluation of settlement opportunities in this case. Thank you for your consideration. Barbara Sumple-Sullivan BSS/ld cc: Jordan D. Cunningham, Esquire Ms. Alice M. Sebring OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master West Shore 697-0371 Ex!. 6535 Traci Jo Colyer Office Manager/Reporter April 24, 2002 Barbara Sumple-Sullivan Attorney at Law 549 Bridge Street New Cumberland, PA 17070 Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C, 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 RE: Alice M. Sebring vs. Richard G. Sebring No. 01 - 4397 Civil In Divorce Dear Ms. Sumple-Sullivan and Mr. Cunningham: Attorney Sumple-Sullivan has indicated that discovery is complete; Mr. Cunningham did not return the certification document. However, I am going to proceed on the basis that there are no outstanding discovery issues and that we will not deal with discovery matters at the pre-hearing conference. A complaint in divorce was filed on July 19, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint, On March 15, 2002, the Plaintiff filed a petition raising the economic claim of equitable distribution. No claims have been raised for alimony or counsel fees and costs. I assume that there is no issue with respect to grounds for divorce and that the parties will either sign affidavits of consent or have been separated for a period in excess of two years. , I Ms. Sumple-Sullivan and Mr. Cunningham, Attorneys at Law 24 April 2002 Page 2 In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, May 13,2002. Upon receipt of the pretrial statements, I will immediately schedule a pre- hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 July 5, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Sebring v. Sebring Docket No. 01-43971 Cumberland County Dear Divorce Master Elicker: The parties in the above captioned matter have reached an agreement. Enclosed please find two (2) copies of the fully executed Marital Settlement Agreement reached between the parties. It is my understanding that you will be revoking your position as Master in this case. //' I /i / I' Barbara Sumple-Sullivan BSS/ld Enclosures cc: Jordan D. Cunningham, Esquire Ms. Alice M. Sebring ALICE M. SEBRING IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW 01 - 4397 NO. CIVIL 19 RICHARD G. SEBRING IN DIVORCE Defendant STATUS SHEET , ALICE M, SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 01 - 4397 CIVIL RICHARD G, SEBRING, Defendant IN DIVORCE TO: Barbara Sumple-Sullivan Attorney for Plaintiff Jordan D, Cunningham Attorney for Defendant DATE: Thursday, March 28, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 4 , (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery, DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION, AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION, HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT, ALICE M. SEBRING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 01 - 4397 CIVIL RICHARD G, SEBRING, Defendant IN DIVORCE ORDER OF COURT AND NOW, this yJ !tv . 9v1/ in the proceedings having day of 2002, the economic claims raised been resolved in accordance with a marital settlement agreement dated June 30, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce, BY THE COURT, Ge cc: Barbara Sumple-Sullivan Attorney for Plaintiff ~ ,~~ 7/10/{.';;', ..J}.~ Jordan D, Cunningham Attorney for Defendant \.-..IcJ Sh~1 b Q, ''I -z.o , :-:-: '~': ,Ill - - ! ".. II MARITAL SETTLEMENT AGREEMENT Made and concluded this ~{/ day of JUNE, 2002 by and between RICHARD G. SEBRING, of Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as HUSBAND) , -AND- ALICE M. SEBRING, of Mechanicsburg, Cumberland County, pennsylvania, (hereinafter referred to as WIFE) . WITNESSETH: WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason of which continued cohabitation as husband and wife has been rendered impossible. WHEREAS, the parties have made full disclosure to each other of their assets and liabilities, and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle- all property rights and all rights in, to or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all , - ,t II II II II II II II ,I I, II Ii Ii I I' disputes existing between them, including any and all claims for WIFE'S and/or HUSBAND'S maintenance and/or for spouse support, alimony pendente lite, alimony, counsel fees and expenses, custody and equitable distribution; and WHEREAS, the parties intend this Agreement to be a full and complete Postnuptial Agreement, providing for the absolute and final settlement of all their respective marital and property rights and claims for spouse support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution of marital property. I ,I NOW THEREFORE, for and in consideration of the mutual benefits to be derived by the parties and intending to be legally bound hereby, the parties hereby covenant and agree as follows: I ! II II II II I I 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jordan D. Cunningham, Esquire, for HUSBAND and Barbara Sumple-sullivan, Esquire, for WIFE. 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 2 , . r her legal rights and obligations and each party acknowledges and accepts that this Agreement is, in 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. 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each of the parties further acknowledges_ that he or she is aware of his or her right to have the real and/ or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further 3 , ,t disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waives, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree, except as otherwise provided herein, for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL PROPERTY: HUSBAND warrants and represents to WIFE, and WIFE warrants and represents to HUSBAND, that they have effected a fair and equitable division of all marital property of the parties, and that any and all marital property, except as expressly provided herein, presently in possession or under the control of WIFE shall be the property solely of WIFE, and that any and all marital property, except as expressly 4 -" i , .~ ,. ii II I I provided herein, presently in possession or under the control of HUSBAND shall be the property solely of HUSBAND, Neither party shall make any claim to any items of marital property, or of the separate personal property of either party, which are awarded to the other pursuant to the provisions of this Agreement or which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of i' Ii II il I. 'I I' II II II II II ii II II II I either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the- possession or control of the party, HUSBAND and WIFE do hereby waive and forever release any interest or right either may have to make any claim against or to assert any interest or right to or in any retirement plan, pension plan, profit sharing plan, or other employee benefits of any nature or type earned or provided to the other. 5 . . l 4, REAL PROPERTY: a, 3 Pamela Place: WIFE does hereby covenant, intend and agree that HUSBAND shall continue to reside in the jointly owned premises at 3 Pamela Place, Mechanicsburg, Cumberland County, pennsylvania, It is specifically agreed said residence may be sold at the unilateral option of HUSBAND at any time. WIFE hereby waives her right to enter said residence without the permission of HUSBAND, and she waives any right of partition which she may acquire except to the extent which may be provided in this Agreement. HUSBAND agrees that while he occupies said residence, he will make prompt payment of the existing mortgage, when i il required under the terms of this Agreement as set forth in Paragraph 7. PROVIDED, however, nevertheless, HUSBAND shall, by September, 2003, either refinance and retire the existing mortgage or secure WIFE'S release from the existing mortgage and I I I Ii I Ii I II Ii Ii Ii Ii II I note, In the event HUSBAND cannot either refinance the existing mortgage or secure WIFE'S release from the mortgage and note, then HUSBAND shall, on at least a quarterly basis, seek refinancing of the existing mortgage from a reputable lender and give notification to WIFE of his application for new financing. If, by June, 2007, WIFE is not released from the existing 6 . ,l mortgage by either release or refinancing then, in that event, she shall have a right to use the limited power of attorney given to her by HUSBAND pursuant to the terms of this Agreement to list and effectuate a sale of the home to satisfy the mortgage, HUSBAND also agrees to keep the residence in good repair. The parties agree that in the event HUSBAND dies prior to WIFE'S release from the obligation of the existing mortgage and note, HUSBAND'S personal representative shall immediately make arrangements for an immediate sale of said premises upon such terms and condition as are satisfactory to HUSBAND'S representative as long the mortgage and note owed to First United Mortgage Services, its successors and assigns, is paid in full as the resul t of the sale. In the event HUSBAND determines to sell the home prior to WIFE'S release from the obligation of the existing mortgage and note, WIFE shall execute any and all documents necessary to effectuate the sale. The parties agree HUSBAND shall not rent the premises without first obtaining WIFE'S written approval. It is understood and agreed that HUSBAND shall solely be entitled to the net proceeds derived from the sale of said 7 ., I premises, which shall be calculated by subtracting the broker's commission, if any, the balance of the existing mortgage owed to First United Mortgage Services, its successors and assigns, transfer taxes, and other normal costs of settlement regardless if the premises are sold by HUSBAND, his estate, or WIFE pursuant to the limited power of attorney. WIFE agrees to irrevocably name HUSBAND as the devisee of her interest in the said premises located at 3 Pamela Place, Mechanicsburg, Cumberland County, Pennsylvania in her Last will and Testament and HUSBAND, in consideration of the same, shall indemnify and hold harmless WIFE'S estate from the mortgage given to First united Mortgage Services, its successors and assigns. If, in the future, WIFE receives a notice of default from the existing mortgagee, First United Mortgage Services, its successors and assigns, caused by HUSBAND'S non-payment of mortgage payments, insurance, real estate taxes, or failure to comply with any other terms of the mortgage, in that event, notwithstanding any other terms of this Agreement, WIFE, upon receipt of such notice, shall allow HUSBAND the right to cure the default within fifteen (15) days. WIFE shall, by the terms of this Agreement, have the HUSBAND'S limited power of attorney 8 ~ II r I to list the property at 3 Pamela Place, Mechanicsburg, Cumberland County, pennsylvania for sale with a reputable realtor, at a price which, in the opinion of WIFE, is both reasonable and prudent and will assure a prompt liquidation of the property but, not less than the sum necessary to retire the principal, interest, and ancillary costs of the defaulted mortgage, and the real estate taxes due and owing, if any. If WIFE cures the alleged default(s) i if WIFE makes any payrnent(s) on the defaulted mortgage obligation on behalf of HUSBAND; WIFE shall have the right, at the time of the sale of the marital domicile, to be reimbursed from the proceeds of the sale for all monies she has paid to cure the default or monies she has paid on behalf of HUSBAND, together with accrued interest to be calculated at Allfirst Bank's prime lending rate, plus two (2) additional interest points. In order to better secure the provisions of this paragraph, WIFE shall execute a deed to HUSBAND which shall be held in escrow by HUSBAND'S attorney to be delivered to HUSBAND upon his faithful and complete fulfillment of the terms of this Agreement. 9 .1 b. 1528 Tussey Court. HUSBAND does hereby covenant and agree that WIFE shall have the right to reside in the jointly owned premises located at 1528 Tussey Court, Mechanicsburg, Cumberland County, pennsylvania. HUSBAND shall execute a spousal waiver and a special warranty deed transferring all of his right, title and interest to the premises and shall deliver the same to WIFE upon her execution of this Agreement. 5 . LUMP SUM PAYMENT: In cons idera t ion of HUSBAND' S waiver of all rights arising from the marital relationship, except as provided herein, WIFE shall pay to HUSBAND the sum of Fifteen Thousand and 00/100 Dollars ($15,000.00), Said sum shall be paid to HUSBAND within ten (10) days of WIFE'S settlement with a lender but, in no event, later than July 31, 2002, 6. TAX CONSEOUENCES: 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 be otherwise- provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being 10 . I effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided, 7. DEBTS AND INDEMNIFICATION: HUSBAND and WIFE represent and warrant to each other that except as provided herein, neither one has contracted since separation or will in the future contract any debts, charges or liabilities whatsoever for which the other party or their property or their estates shall or may be or become liable or responsible, and they covenant that they will at all times keep each other free, harmless and indemnified against and from any and all debts and liabilities- , Ii :1 Ii II I: I II II heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. HUSBAND agrees to timely pay and be solely responsible for, and to indemnify and hold harmless WIFE from liability on, the existing mortgage owed to First United Mortgage Services, its successors and assigns. 11 " I i i 8 . The parties WAIVER OF RIGHTS AND MUTUAL RELEASE: hereto have been informed of their rights by their respective i counsel under and pursuant to the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital : " , property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by that party and shall not be subject to any claim whatsoever by the other party. Subj ect to the provisions of this Agreement, each party has released, discharged and, by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all cause of actions, claims, rights or demands whatsoever, in law or equity, which either of the parties ever had, now have, or can have at any time against the other, specifically including rights or claims to spouse 12 , . support, alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provisions of this Agreement, The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim and/or obtain spouse support, alimony pendente lite, alimony, counsel fees and expenses or equitable distribution of property. 9. ESTATE RELEASE: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the- estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow I s allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to 13 .' II carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 10. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of real and personal property, tangible or intangible, 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, 11, INCOME TAX RETURNS: a. Prior Income Tax Return: The parties have heretofore filed joint federal and state income tax returns. This Agreement provides to HUSBAND the right to file an amended federal tax return for calendar year 2001. HUSBAND agrees 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 WIFE by reason of her having joined in the filing of said j oint returns, and/ or an amended return, HUSBAND will indemnify and hold WIFE harmless from and against any loss or liability for any such tax deficiency or assessment and any interest and penalty incurred as a result of HUSBAND'S misrepresentation or failure to disclose the nature and extent 14 of HUSBAND'S separate income, including an assessment made with regard to the operation of the business known as Green Pond, and WIFE hereby agrees that she will indemnify and hold harmless HUSBAND from and against any loss or liability for any tax deficiency or assessment and any interest and penalty incurred as a result of WIFE'S misrepresentation or failure to disclose the nature and extent of WIFE'S separate income. b, 2001 Income Tax Returns: HUSBAND and WIFE shall file an amended federal income tax return for calendar year 2001, HUSBAND shall pay all costs associated with the filing of the return, HUSBAND shall be entitled to any federal tax refund due to the parties. WIFE shall fully cooperate with HUSBAND in completing the federal tax return, including, but not limited to, the providing to HUSBAND of all information necessary to complete the tax return; providing records substantiating allowable deductions; execution of the federal tax return; endorsing any refund checks; and executing and delivery of any and all instruments which may be necessary or advisable to carry into effect the purposes of this paragraph. 12. COUNSEL FEES: HUSBAND and WIFE shall each be solely responsible for any and all counsel fees, costs and expenses each of the parties may incur in connection with the negotiation 15 -- and execution of this Agreement and the dissolution of their marriage, 13. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or determine fit, 14. NO INTERFERENCE: Each party shall be free from interference, authority and control, direct and indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, compel, or endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society or acquaintances which either of the parties hereto may choose or have from this day forward. Neither party shall do or say anything to HUSBAND'S child at any time which might in any way influence the children adversely against the other party, 15. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto- specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of 16 ,,- . II this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as a beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary of any asset after the date of execution of this Agreement, then this waiver provision shall not bar that party- from qualifying as such beneficiary. 16. RELEASE OF CLAIMS: (a) HUSBAND and WIFE acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code and HUSBAND and WIFE hereby waive any right to division of their property except as otherwise provided for in this Agreement. Furthermore, except 17 l . as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in or to property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document_ executed pursuant to this Agreement. HUSBAND and WIFE shall hereafter own and enjoy independently of any claim or right of the other, 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 fully and effectively for all purpose. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the 18 I '.. t pennsylvania Divorce Code of 1980 its supplements and amendments, as well as any other law of any other jurisdiction, except and only except all rights and obligations arising under_ this Agreement or for the breach of any of its provisions. (c) Except as otherwise provided herein, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her 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 of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance I 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 any other country, 19 , " II " I' II j! I' ,I Ii I: " 17. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement. 18, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party, 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 or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof, The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 201(C) of the Divorce Code of 1980, The parties shall sign simultaneously with the execution of this Agreement, Affidavits of Consent to secure said no-fault divorce and the divorce action shall be promptly concluded, 19. ABSOLUTE AND FINAL SETTLEMENT: The provisions of this Agreement are intended to consider, determine, and distribute all of the assets of the parties hereto as part of the terms of 20 If. 1: this Postnuptial Agreement. This Agreement is intended by the parties hereto to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property rights and all obligations of spouse support. This Agreement is not intended to be a mere Separation Agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 20. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT: Each party acknowledges that this Agreement has been entered into of his or her own volition, (with full knowledge of the facts and full information as to the legal rights, liabilities and the assets of the other), and that each believes the Agreement to be reasonable under the circumstances and not the result of any duress or undue influence, 21. MODIFICATION AND WAIVER: Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement, or any right or option hereunder shall not be deemed a continuing waiver, and shall not prevent or estop such party 21 'f .--11 ii Ii I ii 'I I " i I- I I from thereafter enforcing such provision, right or option, and the failure of either party to insist in anyone or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 22. INDEPENDENT SEPARATE 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 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. 23, DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 22 I to. f u :1 Ii II II II 'I ii II !! I I I I i 24. SURVIVAL OF THIS AGREEMENT: It is the intention of the parties that this Agreement shall survive any action for- divorce which may be instituted or prosecuted by either party and no Order, judgment or decree of divorce (temporary, interlocutory, final or permanent) shall affect or modify the financial terms of this Agreement. 25. BREACH: If either party breaches any provision of this Agreement, (excluding however, provisions or terms relating to child custody or child support) the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other legal or equitable remedies or relief as may be available to him or her; and the party breaching this_ contract hereby agrees to be responsible for payment of all attorney's fees, legal costs and expenses incurred by the other in enforcing their rights under this Agreement. 26. BINDING EFFECT: Each of the parties hereto intends to j' be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. 27. NOTICE: Any notice to be given under this Agreement by either party to the other shall be in writing and may be 23 . I.' f effective by registered or certified mail, return receipt requested. Notice to WIFE, will be sufficient if made or addressed to the following: Alice M, Sebring 1528 Tussey Court Mechanicsburg, PA 17050 and to HUSBAND, if made or addressed to the following: Richard G, Sebring 3 Pamela Place Mechanicsburg, PA 17050 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 28. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or assets, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the_ provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, 24 I ".' , , I that party shall pay to the other party all attorney's fees,- costs, and other expenses actually incurred as a result of such failure. 29, ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. This Agreement should be interpreted fairly and simply, and not strictly for or_I I I against either of the parties. 30. PRIOR AGREEMENTS: The parties specifically agree that this Agreement shall supersede and any and all prior agreements between the parties, 31, INCORPORATION OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. I: :i Ii II II il !I II Ii 25 l ...' , . 32, AGREEMENT NOT TO BE MERGED: This Agreement shall not be merged into the parties' divorce decree, The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract, Such remedies in law or equity specifically are not waived or released, 33, EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a I ! 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 execute a statement declaring this Agreement or any term of this Agreement to be null and void. 34, This Agreement may be executed in COUNTERPARTS: counterparts, each of which will be an original and which together shall constitute one and the same instrument. 26 II 1 .. .... , 35, SITUS: This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and date first written, each adopting the seal following his or her signature as his or her own. HUSBAND: ~ -z;?' ---J / / RICHARD G. rSEBRING / I - I I I I i WIFE: / bl\docs\divorce\p-agt-se 27 J. ...ar. 1 COMMONWEALTH OF PENNSYLVANIA ss; COUNTY OF DAUPHIN On this, the 30 day of JUNE, 2002 before me, a Notary Public, the undersigned officer, personally appeared RICHARD G. SEBRING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I seal, t my hand and official ~ ~4.. Notarial Seal a1anche A, Morrison, Notary Public OItyOf Harrisburg, Dauphin County t.Ay_~miIalon ExpIres Nov. 8, 2005 Member. Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA : /,1.... /7/ / vf-. : ss; COUNTY OF DAUPHIN U.i4)//::u:.f(fJ/2 "': 1#.5.5 On this, the -.SId day Of~ 2002 before me, a Notary Public, the undersigned officer~~~onallY appeared ALICB H. SEBRING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto seal, and official i .' / NOTARY PUBLIC i I C 28