HomeMy WebLinkAbout05-4805
II
ASHLEY N. MARTSOLF,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
JUSTIN L. MARTSOLF,
Defendant
NO. fYi- C{~ D~-
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 foregoing 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 in divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3 i 66
II
ASHLEY N. MARTSOLF,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
,J
NO. 0:1- <I I'6 ')
JUSTIN L. MARTSOLF,
Defendant
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed
in the Court of Common Pleas of Cumberland County. This notice is to advise you that
in accordance with Section 3302 (d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the
Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are
advised that this list is kept as a convenience to you and you are not bound to choose a
counselor from this list. All necessary arrangements and the cost of counseling sessions
are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling
within twenty days of the date on which you receive this notice. Failure to do so will
constitute a waiver of your right to request counseling.
II
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ASHLEY N. MARTSOLF,
Plaintiff
CIVIL ACTION - LAW
NO. 0:;'- Lf i'()of'
JUSTIN L. MARTSOLF,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, ASHLEY N. MARTSOLF, by her
attorney, Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is ASHLEY N. MARTSOLF, an adult individual who currently
resides in Cumberland County, Pennsylvania.
2. The Defendant is JUSTIN L. MARTSOLF, an adult individual who currently
resides in Camp Hill, Cumberland County, Pennsylvania.
3, Both the Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous to the filing
of this Complaint.
4. The Plaintiff and Defendant were married on 16 July 2003 in Harrisburg,
Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
II
COUNT I - IRRETRIEVABLE BREAKDOWN
8. The Plaintiff requests this Court to enter a Decree in Divorce.
WHEREFORE. Plaintiff requests this Court to enter a Decree in Divorce pursuant to
the Divorce Code of Pennsylvania.
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Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 1 7043
(717) 761-5361
I verify that the statements made in this Complaint are true and correct. I
understand that any false statements in this Complaint are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities),
Date:
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ASHLEY N. MARTSOLF,
PLAINTIFF
CIVIL ACTION - LAW
NO. 2005-4805
JUSTIN L. MARTSOLF,
DEFENDANT
IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby enter my appearance for the Defendant JUSTIN L. MARTSOLF and accept
service of the Complaint in the above matter on his behalf.
Date:
1/7/0 J-'
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Fredenck R. Martsolf, Esquire
Attorney for Defendant,-; f7
Supreme Court ID # (, (I
2080 Linglestown Road
Harrisburg, Pa 17110
(717) 540-9170
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ASHLEY N, MARTSOLF,
Plaintiff
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vs,
JUSTIN L MARTSOLF,
Defendant
,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2005-4805
IN DIVORCE
AFFIDAVIT OF CONSENT
1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 15
September 2005 and served upon the Defendant on or about 19 September 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint,
3, I consent to the entry of a final decree in divorce after service of a Notice of Intention
to Request Entry of the Decree,
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
3, I understand that I wi!! not be divorced until a divorce decree is entered by the court
and that a copy of the decree wi!! be sent to me immediately after it is filed with the
Prothonotary,
I verify that the statements made in this Affidavit are true and correct, I understand
that false statements herein are made subject to the penalties of 18 Pa. es. Section 4904
relating to unsworn falsification to authorities.
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MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 64; day of fi1::>-/>J,
between JUSTIN L. MARTSOLF, hereinafter called "Husband"
MARTSOLF, hereinafter called "Wife".
WITNESSETH:
, 2005, by and
and ASHLEY N,
The parties hereto, being Husband and Wife were lawfully married on July 16,2003;
The parties have separated and a Complaint in Divorce has been filed in the Office of the
Prothonotary in and for Cumberland County, Pennsylvania, indexed as Ci,vil Action Law No. 05.
4805;
The parties wish to equitably divide the marital debt, provide for the payment therefore
and certain indemnifications.
NOW THEREFORE, in consideration of the premises and mutual promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, receipt of
which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each
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intending to be legally bound hereby, covenant and agree as follows: C
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L BACKGROUND
The Background hereinabove set forth is incorporated herein by reference,
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2, INCORPORATION OF PREAMBLE
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The recitals set forth in the Preamble of this Agreement are incorporated herein and made
a part hereof as if fully set forth in the body of the Agreement.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of HUSBAND and
WIFE to an absolute divorce on lawful grounds if 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 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
Page 1
have occurred or may occur subsequent to the date hereof. The parties acknowledge that their
marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce
pursuant to the terms of Section 3301(c) of the Divorce Code, The parties shall execute and file
all documents and papers, including affidavits of consent, required to obtain a Decree in Divorce.
4. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final Decree in Divorce may be entered with
respect to the parties,
5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree that the terms of this Agreement shall be incorporated into any Divorce
Decree which may be entered with respect to them.
6. NON-MERGER
It is the parties' intent that this Agreement does not merge with the Divorce Decree, but
rather shall continue to have independent contractual significance. Each party maintains his or
her conlractual remedies as well as court ordered remedies as the result of the aforesaid
incorporation or as otherwise provided by law or statute. Those remedies shall include, but not
be limited to, damages, resulting from breach of this Agreement, specific enforcement of this
Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in eflect and as amended or
hereafter enacted.
7. DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined as the date
of execution by the party last executing this Agreement.
Page 2
8. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial accuracy of the financial
disclosure of the other, as an inducement to the execution of this Agreement.
9, DEBT PAYMENT/INDEMNIFICATION (WI1~
Wife shall pay the marital debts set forth on Exhibit "A" attached hereto. In the event
Wife fails to make such payments as required by this Agreement, Wife agrees to indemnify and
hold harmless Husband from any and all claims, demands, charges, fees, costs, interest and any
other sums arising out of and relating to Wife's failure to pay the debts set forth on Exhibit "A"
attached hereto.
10. DEBT PAYMENT/INDEMNIFICATION (HUSBAND)
Husband shall pay the marital debts set forth on Exhibit "B" attached hereto. In the event
Husband fails to make such payments as required by this Agreement, Husband agrees to
indemnify and hold harmless Wife from any and all claims, demands, charges, fees, costs,
interest and any other sums arising out of and relating to Husband's failure to pay the debts set
forth on Exhibit "B" attached hereto.
1 1. OTHER WRITINGS
Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or
other writings necessary to carry out the intent ofthis Agreement.
12, DISCLOSURE AND WAIVER OF PROCEDURAL FJGHTS
Each party understands that he or she has the right to obtain from the other party a
complete inventory or list of all of the property that either or both parties own at this time or
owned as of the date of separation, and that each party had the right to have all such property
valued" by means of appraisals or otherwise, Both parties understand that they have the right to
have a court hold hearings and make decisions on the matters covered by this Agreement. Both
parties understand that a court decision concerning the parties' respective rights and obligations
might be different from the provisions of this Agreement
Page 3
Each party hereby acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the Agreement
is not the result of any fraud, duress, or undue influence exercised by either party upon the other
or by any other person or persons upon either party. Both parties hereby waive the following
procedural rights:
a. The right to obtain an inventory and appraisement of all marital and non-marital
property as defined by the Pennsylvania Divorce Code,
b, The right to obtain an income and expense statement of the other party as
provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised,
d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure.
e. The right to have the court determine which property is marital and which is non.
marital, and equitably distribute between the parties that property which the court
determines to be marital, and to set aside to a party that property which the court
determines to be that parties' non. marital property.
f. The right to have the court decide any other rights, remedies, privileges, or
obligations covered by this Agreement and/or arising out of the marital relationship,
including but not limited to possible claims for divorce, child or spousal support,
alimony, alimony pendente lite (temporary alimony), equitable distribution, custody,
visitation, and counsel fees, costs and expenses.
13, FURTHER DEBT
Wife shall not contract or incur any debt or liability for which Husband or his property or
estate might be responsible and shall indemnify and save harmless Husband from any and all
claims or demands made against Husband by reason of debts or obligations incurred by Wife.
14, FURTHER DEBT
Husband shall nol contract or incur any debt or liability for which Wife or her property or
estate might be responsible and shall indemnify and save hannless Wife from any and all claims
or demands made against Wife by reason of debts or obligations incurred by Husband.
Page 4
15, MUTUAL RELEASE
Except as otherwise provided herein and so long as this Agreement is not modified or
canceled by subsequent agreement, the parties hereby release and discharge absolutely and
forever each other from any and all rights, claims and demands, past, present and future
specifically from the following: spousal support from the other, alimony, alimony pendente lite,
division of property, claims or rights of dower and right to live in the marital home, right to act
as executor or administrator in the other's estate, rights as devisee or legatee in the Last Will and
Testament of the other, any claim or right as beneficiary in any life insurance policy of the other,
any claim or right in the distributive share or intestate share of the other parties' estate.
16. COSTS TO ENFORCE
In the event that either party defaults in the performance of any duties or obligations
required by the terms of this Agreement and both extra-judicial and judicial proceedings are
commenced to enforce such duty or obligations, the party found to be in default shall be liable
for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings,
17. AGREEMENT VOLUNT MIL Y AND CLEARLY UNDERSTOOD
Each party to this Agreement acknowledges and declares that he or she respectively:
(1) Is fully and completely informed as to the facts relating to the subject
matter and their Agreement as to the rights and liabilities of both parties;
(2) Enters into this Agreement voluntarily after receiving the advice of
independent counsel; Husband is represented by F. Ric MartsolJ: Esquire and Wife is
represented by Samuel Andes, Esquire
(3) Has given careful and mature thought to the making of this Agreement;
(4) Has carefully read each provision of this Agreement;
(5) Fully and completely understands each provision of this Agreement, both
as to the subject matter and legal affect.
Page 5
18. AMENDMENT OR MODIFICATION
This Agreement may be amended or modified only by a written instrument signed by
both parties.
19. LAW APPLICABLE
This Agreement shall be governed, construed and enforced under the statute and case law
of the Commonwealth of Pennsylvania.
20, HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted
solely for convenience of reference and shall not constitute a part of this Agreement nor shall
they affect its meaning, construction or effect.
21. BINDING EFFECT
This Agreement shall be binding upon the heirs and assigns of the parties hereto.
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING
READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS
BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER
A FULL HEARlNG,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above.
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'......,,- STIN L MARTSOLF
ASHLEY N. MARTSOLF
Page 6
EXHIBIT" A"
Marital Debt - Ashley
(Amounts Approximate)
Wells-Fargo loan
Pier 1 account
Express account
Kohl's account
Old Navy account
HFBC debt
Chase Mastercard
Lowe's account (partial by payment to Justin)
Sears charge account
Total
Page 7
$ 300.00
2,000.00
1,000.00
800,00
800.00
800.00
2,900,00
684,00
1.200.00
$10,484.00
EXHIBIT "B"
Marital Debt - Justin
(Amounts Approximate)
Circuit City account
ValuCityaccount
Goods Furniture account
Capital One Visa
Lowe's account (balance less $684.00 payment
by Ashley)
Bill Me Later account
Total
Page 8
$ 3,555.00
856,00
1,975.00
5,940,00
1,716.00
300.00
$14,342.00
MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this _ day of
between JUSTIN L. MARTSOLF, hereinafter called "Husband"
MARTSOLF, hereinafter called "Wife".
WITNESSETH:
The parties hereto, being Husband and Wife were lawfully married on July 16, 2003;
The parties have separated and a Complaint in Divorce has been filed in the Office of the
Prothonotary in and for Cumberland County, Pennsylvania, indexed as Civil Action Law No. 05-
, 2005, by and
and ASHLEY N.
4805;
The parties wish to equitably divide the marital debt, provide for the payment therefore
and certain indemnifications.
NOW THEREFORE, in consideration of the premises and mutual promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, receipt of
which is hereby acknowledged by each of the parties hereto, HUSRAND and WIFE, each
intending to be legally bound hereby, covenant and agree as follows:
I. BACKGROUND
The Background hereinabove set forth is incorporated herein by reference.
2, INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are incorporated herein and made
a part hereof as if fully set forth in the body of the Agreement.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of HUSBAND and
WIFE to an absolute divorce on lawful grounds if 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 condonation on the part of either party hereto of any act or acts on
the part of the other party which have occasioned the dispntes or unhappy differences which
Page I
have occurred or may occur subsequent to the date hereof. The parties acknowledge that their
marriage is irretrievably broken and that they shall secure a mutual consent no. fault divorce
pursuant to the lerms of Section 3301(c) of the Divorce Code, The parties shall execute and file
all documents and papers, including affidavits of consent, required to obtain a Decree in Divorce.
4. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final Decree in Divorce may be entered with
respect to the parties,
5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree thai the terms of this Agreement shall be incorporated into any Divorce
Decree which may be entered with respect to them.
6, NON-MERGER
It is the parties' intent lhat this Agreement does not merge with the Divorce Decree, but
rather shall continue to have independent contractual significance. Each party maintains his or
her contractual remedies as well as court ordered remedies as the r,~sult of the aforesaid
incorporation or as otherwise provided by law or statute. Those remedies shall include, but nol
be limited to, damages, resulting from breach of this Agreement, specific enforcement of this
Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted,
7, DATE OF EXECUTION
The "date of execution" or "execution date" oftms Agreement shall be defined as the date
of execution by the party last executing this Agreement.
Page 2
8. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial accuracy of the financial
disclosure of the other, as an inducement to the execution of this Agreement.
9. DEBT P A YMENT/INDEMNIFICA TION (WIFID
Wife shall pay the marital debts set forth on Exhibit "An attached hereto. In the event
Wife fails to make such payments as required by this Agreement, Wife agrees to indemnify and
hold harmless Husband from any and all claims, demands, charges, fees, costs, interest and any
other sums arising out of and relating to Wife's failure to pay the debts set forth on Exhibit "An
attached hereto,
10, DEBT PAYMENT/INDEMNlFICATION (HUSBAND)
Husband shall pay the marital debts set forth on Exhibit "Bn attached hereto. In the event
Husband fails to make such payments as required by this Agreement, Husband agrees to
indemnify and hold hannless Wife from any and all claims, demands, charges, fees, costs,
interest and any other sums arising out of and relating to Husband's failure to pay the debts set
forth on Exhibit "B" attached hereto.
II. OTHER WRITINGS
Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or
other writings necessary to carry out the intent of this Agreement.
12, DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS
Each party understands that he or she has the right to obtain from the other party a
complete inventory or list of all of the property that either or both parties own at this time or
owned as of the date of separation, and that each party had the right to have all such property
valued by means of appraisals or otherwise. Both parties understand that they have the right to
have a court hold hearings and make decisions on the matters covered by this Agreement. Both
parties understand that a court decision concerning the parties' respective rights and obligations
might be different from the provisions of this Agreement
Page 3
Each party hereby acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the Agreemenl
is not the result of any fraud, duress, or undue influence exercised by either party upon the other
or by any other person or persons upon either party. Both parties hereby waive the following
procedural rights:
a. The right to obtain an inventory and appraisement of all marital and non.marital
property as defined by the Pennsylvania Divorce Code.
b, The right to obtain an income and expense statement of the other party as
provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure.
e. The right to have the court determine which property is marital and which is non-
marital, and equitably distribute between the parties that property which the court
determines to be marital, and to set aside to a party that property which the court
determines to be that parties' non-marital property.
f. The right to have the court decide any other rights, remedies, privileges, or
obligations covered by this Agreement and/or arising oul of the marital relationship,
including but not limited to possible claims for divorce, child or spousal support,
alimony, alimony pendente lite (temporary alimony), equitable distribution, custody,
visitation, and counsel fees, costs and expenses.
13, FURTHER DEBT
Wife shall not contract or incur any debt or liability for which Husband or his property or
estate might be responsible and shall indemnify and save harmless Husband from any and all
claims or demands made against Husband by reason of debts or obligations incurred by Wife.
14, FURTHER DEBT
Husband shall not contract or incur any debt or liability for which Wife or her property or
estate might be responsible and shall indemnify and save harmless Wife from any and all claims
or demands made against Wife by reason of debts or obligations incurred by Husband.
Page 4
15. MUTUAL RELEASE
Except as otherwise provided herein and so long as this Agreement is not modified or
canceled by subsequent agreement, the parties hereby release and discharge absolutely and
forever each other from any and all rights, claims and demands, past, present and future
specifically from the following: spousal support from the other, alimony, alimony pendente lite,
division of property, claims or rights of dower and right to live in the m,uital home, right to act
as executor or administrator in the other's estate, rights as devisee or legalee in the Last Will and
Testament of the other, any claim or right as beneficiary in any life insurance policy of the other,
any claim or right in the distributive share or intestate share of the other parties' estate.
16, COSTS TO ENFORCE
In the event that either party defaults in the performance of any duties or obligations
required by the terms of this Agreement and both extra-judicial and judicial proceedings are
commenced to enforce such duty or obligations, the party found to be in default shall be liable
for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings.
17. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD
Each party to this Agreement acknowledges and declares that he or she respectively:
(1) Is fully and completely informed as to the facts relating to the subject
matter and their Agreement as to the rights and liabilities of both parties;
(2) Enters into this Agreement voluntarily after receiving the advice of
independent counsel; Husband is represented by F. Ric Martsol1~ Esquire and Wife is
represented by Samuel Andes, Esquire
(3) Has given careful and mature thought to the making of this Agreement;
(4) Has carefully read each provision ofthis Agreement;
(5) Fully and completely understands each provision of this Agreement, both
as to the subject matter and legal affect.
Page 5
18, AMENDMENT OR MODIFICATION
This Agreement may be amended or modified only by a written instrument signed by
both parties.
19. LAW APPLICABLE
This Agreement shall be governed, construed and enforced under the statute and case law
of the Commonwealth of Pennsylvania.
20, HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted
solely for convenience of reference and shall not constitute a part of this Agreement nor shall
they affect its meaning, construction or effect.
21. BINDING EFFECT
This Agreement shall be binding upon the heirs and assigns of the parties hereto.
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING
READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS
BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER
A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above.
WITNESS:
( /~ :2,~~
, , --JUSTIN 1. MARTSO
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Page 6
EXHIBIT" A"
Marital Debt - Ashley
(Amounts Approximate)
W ells,Pargo loan
Pier I account
Express account
Kohl's account
Old Navy account
HFBC debt
Chase Mastercard
Lowe's account (partial by payment to Justin)
Sears charge account
Total
Page 7
$ 300,00
2,000.00
1,000.00
800.00
800,00
800.00
2,900.00
684.00
1,200.00
$10,484.00
EXHIBIT liB"
Marital Debt - Justin
(Amonnts Approximate)
Circuit City account
ValuCityaccount
Goods Furniture account
Capital One Visa
Lowe's account (balance less $684.00 payment
by Ashley)
Bill Me Later account
Total
Page 8
$ 3,555.00
856.00
1,975.00
5,940.00
l, 716.00
300.00
$14,342.00
II
ASHLEY N. MARTSOLF, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO. 2005-4805
JUSTIN L. MARTSOLF, )
Defendant ) IN DIVORCE
AFFlDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 15
September 2005 and served upon the Defendant on or about 19 September 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of a Notice of Intention
to Request Entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subiect to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
...~/7JDu
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Dated:
y.~-j
c
'I
ASHLEY N. MARTSOLF,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2005-4805
JUSTIN L. MARTSOLF,
Defendant
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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c).
2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's
counsel indicatinq service on or about 19 September 2005.
3. Complete either Paragraph (al or (bl:
{a} Date of execution of the Affidavit of Consent required by Section 3301
(c) of the Divorce Code: By Plaintiff: 7 March 2006 By Defendant: 7 Februarv
2006
(bl (1) Date of execution of the Affidavit required by Section 3301 (d) of the
Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit
upon the Respondent:
4. Related claims pending:
None.
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed
with the Prothonotary: Dated 7 March 2006 and filed contemporaneously herewith.
Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the
Prothonotary: Dated 7 February 2006 and filed on 16 February 2006.
Date: 7 March 2006
~~~
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
PEN NA.
STATE OF
ASHLEY N. MARTSOLF ,
NO.
2005-4805
PI"intiff
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VERSUS
JUSTIN L. MARTSOLF,
Defendant
DECREE IN
DIVORCE
NOW,-1/t.~ ?- \
ASHLEY N. MARTSOLF
2006
AND
IT IS ORDERED AND
, PLAINTIFF,
DECREED THAT
JUSTIN L. MARTSOLF
, DEFENDANT,
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF REC~rD, IN T~S ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; ~
THE ATTACHED MATRIMONIAL SETTLEMENT AGREEMENT. DATED
MARCH 6, 2006 IS HEREBY INCORPORATED INTO, BUT SHALL NOT
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ATTEST:
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ROTHONOTARY
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