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Home My WebLink About05-4817 vr''j- HEATHER L. MARLOW, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. OS-JJ?/'l CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE SCOTT A. MARLOW, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990-9108 HEATHER L. MARLOW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. os- CIVIL TERM SCOTT A. MARLOW, Defendant : CIVIL ACTION -LAW : IN DIVORCE A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se Ie avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensacion eclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 romplmlento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFlCINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 HEATHER L. MARLOW, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- ,/[{/1 CIVIL TERM SCOTT A. MARLOW, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(0) OF THE DOMESTIC RELATIONS CODE AND NOW, comes Plaintiff, Heather L. Marlow, by and through her counsel, Linda A. Clotfelter, Esquire, and files this Complaint in Divorce, respectfully stating in support thereof the following: 1. Plaintiff is Heather L. Marlow, an adult individual who resides at 70 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Scott A. Marlow, an adult individual who resides at 501 Miller Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint. 4. Plaintiff and Defendant were married on June 23, 1999, in Cumberland County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since August 24, 2005. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Defendant is not a member of the armed forces of the United States or any of its allies. 8. Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Dated: q I\,/ D~ y: Li da A. Clotfelter, Esquire Att rney ID No. 72963 1 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff HEATHER L. MARLOW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. os- CIVIL TERM SCOTT A. MARLOW, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, HEATHER L. MARLOW, verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: ~ I ~ / os;. w~s.1Jo~ f{~ HEATHER L. MARLOW . .c.o.. GJ - E ~ ..0 1- () g ~ ~ ~ ~:!j G) ~cr:i ~ ,n f;j - () '~l }1% r- ~ ,~: - (O,,-~;.. U' 0 - -J ::<.<. .--t~".l -V ""<d r2C:i ..", ~-n G" ;a: 0 :;r. ~...~ .-0 6.J r ~O t5 c: t2 ~ '6" ~ ~ s:- :< c:;D -r- - HEATHER L. MARLOW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-4817 CIVIL TERM SCOTT A. MARLOW, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, SCOTT A. MARLOW, Defendant in the above-captioned matter hereby accept service /"\ ?rd of the Complaint in Divorce filed by Plaintiff. Service is accepted on the oC) day of September, 2005. SC HEATHER L. MARLOW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-4817 CIVIL TERM SCOTT A. MARLOW, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~day of September, 2005, the undersigned hereby certifies that a true and correct copy of the foregoing ACCEPTANCE OF SERVICE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Scott A. Marlow 501 Miller Avenue Mechanicsburg, PA 17055 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER inda A. Clotfelter, Esquire ttorney ID No. 72963 021 East Trindle Road, Suite 10 Mechanicsburg, P A 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff ...... ...., = = l,;Jl o -n ..... ::r:.,., D1r= :-q n~ "'6 :?cj _-) :,c1;--;{ '~:-d() tSf11 -, ';::-.. ~:o --< U) jO"-J -i] <',) <..0 9 (J1 -.j HEATHER L. MARLOW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-4817 CIVIL TERM SCOTT A. MARLOW, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 15,2005. 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. 4. I understand that I may lose rights concernmg alimony, division of property, lawyer's fees and expenses if] do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: l/ ~ (0(, ~ d r<ouL Heather L. Marlow, Plaintiff , '. C;) f---) -), ~\ HEATHER L. MARLOW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05- 4817 CIVIL TERM SCOTT A. MARLOW, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 15, 2005. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: j- 9-tJ0 /"'-1 <::: / soo,,~ f--_) ':;-', (-) '-,-j ::-1 '-- C) - :') r"J Of], HEATHER L. MARLOW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 05-4817 CIVIL TERM SCOTT A. MARLOW, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER IS 3301 (C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: II ~ (O~ ~{~~~ Heather L. Marlow, P aintJff (-) C -n c) ~":1 r'_"1 Dr, HEATHER L. MARLOW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-4817 CIVIL TERM SCOTT A. MARLOW, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !I 3301 (C) OF THE DIVORCE CODE 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, lawyer1s fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: /- 9-cJ~ ,") .~ ~ '. .....'---' ~', ". MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 1SJ'1 day of ~ t:~ , 2005 between HEATHER L. MARLOW, (hereinafter referred to as WIFE) and SCOTT A. MARLOW (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 23, 1999, and they have been separated within the meaning of the Pennsylvania Divorce Code since August 24, 2005; and WHEREAS, there are no children born of this marriage; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims ,md possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented in this proceeding by Linda A. Clotfelter, Esquire and Husband has been unrepresented, but understands that he has the right to have independent legal representation in this matter. Husband has knowingly and willingly decided not to seek independent legal counsel this matter, -1- despite Wife's encouragement to do so. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good :md valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. -2- 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interstate 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 law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereo f. -3- It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and ,expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 18. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties -4- further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's I~state. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee1s basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (I) 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 -5- separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventorv: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. c. Discoverv: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: 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. -6- e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sak or exchange of assets, and the division is being effected without the introduction of outside fUnds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEHICLES. The parties specifically acknowledge herein that the parties' 1998 Jeep Cherokee shall be retained by Wife and the 2001 Nissan Frontier shall be retained by Husband. The parties agree that each shall have full and sole possession of any vehicles that are presently in his or her possession. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability therefor. The parties expressly agree that they shall each take the steps necessary to obtain the necessary automobile insurance for the vehicle he or she is retaining as per the terms of this Paragraph. It is further promised that there will be no lapse in coverage and each party agrees to ensure that both automobiles remain insured as required by Pennsylvania law. -7- B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. More specifically, attached hereto as Exhibit "A" is a list of items to be retained by Husband, with the remaining items being retained by Wife. As per the terms of this Agreement, the household and personal property within each party's custody and control shall become that party's sole and ,exclusive property, unless otherwise agreed by the parties. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, 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 either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or as per the time limitations described, above, 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. C. PENSION. PROFIT-SHARING. RETIREMENT. OR OTHER PLANS RELATED TO EMPLOYMENT. Each of the parties hereto expressly waives and relinquishes any right, claim, title or interest in any pension, profit-sharing, retirement, other employment-related or retirement plans in which the other has any interest by virtue -8- of his or her past or present employment, whether vested or unvested, matured or unmatured. Wife's tax sheltered annuity with Prudential through her employer, Pinnacle Heath, with an approximate value of $12,000.00, shall be Wife's sole and separate property and Wife shall be solely responsible for the loan related to this account and shall hold Husband harmless from same. Husband hereby waives any rights that he may have in that account. If either party withdraws any sums from any retirement plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. D. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS AND INVESTMENT ACCOUNTS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts, investment accounts, and other similar accounts, which shall be distributed as follows: a. The BELCO joint checking account shall become Husband's sole and separate property. Both parties agree to cooperation fully in executing any documentation necessary to effectuate this provision. b. The BELCO account(s) in Wife's name alone shall become Wife's sole and separate property, and the parties agree to take the steps necessary to effectuate this provision. c. The BELCO accounts(s) in Husband's name alone shall become Husband's sole and separate property, and the parties agree to take the steps necessary to effectuate this provision. d. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. -9- E. REAL ESTATE. The parties acknowledge that during the marriage they lived together in residential real estate that was titled to Wife and more commonly known as 70 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania. The parties have agreed that Wife shall retain the marital real estate and Husband shall waive any and all rights that he may have had, he may now have, or he may have in the future in the real estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. In exchange for Husband's waiver of his interest in the marital real estate Wife shall be solely responsible for the mortgage loan secured by the marital residence, said loan being in Wife's name alone. The parties agree that Husband and Wife shall execute a deed and/or a release of marital rights regarding the marital real estate concurrently with the execution of this Agreement, wherein Husband shall waive any rights he may have had, he may now have, or he may have in the future in the real estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. a. Wife's occupancv. The parties agree that Wife shall be entitled to exclusive occupancy of the real estate and Wife shall pay all expenses relating to the Real Estate, including, but not limited to, the mortgage, real estate taxes, insurance, utilities and the like and she shall hold Husband harmless for same. It is further agreed that all household utility accounts not in Wife's name alone, shall be transferred to Wife's name alone within ten (10) days of the execution of this Agreement. b. Distribution of Proceeds upon Sale. If the Real Estate is sold to a third party, upon settlement, the net proceeds derived, after payment of the mortgage and all other normal and reasonable settlement costs shall be distributed to Wife. -10. F. PETS. The parties acknowledge that they owned certain pets while married. It is mutually agreed by the parties that Wife shall retain the marital pets including Sasha (the dog), Holly (a cat) and Molly (a cat). G. LIFE INSURANCE. Each party shall retain any and all life insurance policies on his or her life and shall have full discretion to designate a beneficiary of his or her choice. Each party shall be responsible for any premiums or fees associated with any and all life insurance policies to be retained by the respective party as per this Paragraph and he or she shall hold the other harmless from same. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: -11- b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. c. Wife's debts: Wife shall be solely responsible for the following bills and debts: I. Mortgage: The Mortgages and any cost of the refinancing of the Mortgage as referenced in Paragraph 7(E), herein; 2. Real Estate Expenses: Any and all expenses associated with the Real Estate as referenced in Paragraph 7(E), herein; 3. Retirement Funds: Any loans associated with her retirement account and all taxes resulting from any withdrawals of funds from her retirement accounts; 4. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein including but not limited to the Q card, BELCO Visa, NB Liebman charge, Ashley Furniture card, Home Depot, and the personal loan at BELCO. d. Husband's Debts: Husband shall be solely responsible for the following bills and debts: I. Retirement Funds: Any and all taxes resulting from his withdrawal of funds from any Retirement Plans as referenced in Paragraph 7(C) herein; 2. Automobile Loan: The secured automobile loan through BELCO for the 2001 Nissan Frontier that Husband is retaining pursuant to the terms of this Agreement. 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein including but not limited to the personal loan at BELCO. e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defimding against the obligation and/or enforcing the provisions of this indemnification. -12- f. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liabilitv: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. COUNSEL FEES AND COSTS. Each party shall be responsible for the attorney's fees and incurred by him or her with respect to the negotiation and drafting of this property settlement agreement and the divorce proceedings related thereto. 10. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 11. DIVORCE. A Complaint in Divorce will be filed as soon as possible in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 330l(c) of the Divorce Code -13- immediately upon request when the ninety (90) day waiting period has expired. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution ofthis Agreement. 13. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 14. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, -14- resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of ,my support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 16. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any marmer whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 17. ENTIRE AGREEMENT. lbis Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. -15- 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result ofthe breach and in bringing the damage action. c. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 789 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attornevs Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (I) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. -16- 19. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 20. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 21. ADDITIONAL INSTRUMENTS. Each ofthe parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related document~, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. SEVERABILITY. 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 shall continue in full force, effect and operation. 23. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each ofthem. 24. 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. -17- 25. BINDING EFFECT. 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, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: Qj~~d ~ HEATHER L. MA LOW M k -18- --." h-1 -"" HEATHER L. MARLOW, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-4817 CIVIL TERM SCOTT A. MARLOW, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on September 16, 2005. 3. Date and manner of Service of the Complaint: September 23, 2005 by Acceptance of Service of Defendant, as evidenced by the same filed on September 29, 2005. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on January 8, 2006, and filed on January 13, 2006. The Defendant's Affidavit of Consent was executed on January 9, 2006, and filed on January 13, 2006. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on January 8, 2006, and said waiver was filed on January 13, 2006. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on January 9, 2006, and said waiver was filed on January 13, 2006. 6. There are no related claims pending. The parties have resolved all related issues by written Marital Settlement Agreement dated September 13, 2005, which will be incorporated into the Divorce Decree as per Paragraph 14 on page 14 of the Agreement. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: ~ H 10 v L nda A. Clotfelter, Esquire torney LD. No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile \" (~ . ~~ ~~~~~~+~++.+.++.+.+.~+.+ + + + + + , + + + + + + + + + + + + + PROTHONOTARY + + + + ~~~~~+~++++++++++ ++ +++++++.~++++~ +. +++++++++ ~ ~~+++ +++~ ++ + + + + + + + + + + + + + + , + + + + + + + + + + +++ ~+.+Of <t'lf. ~ ~'" ++ ++ :+ :+++++++++.:++ ++:++++.++.++++++++ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY HEATHER L. MARLOW PENNA. STATE OF No. 05-4817 PLAINTIFF VERSUS + + + + + + + + + + + + + + + + + + + SCOTT A. MARLOW DEFENDANT DECREE IN DIVORCE I f#""'7 /~ ~ AND NOW, 2001l ' IT IS ORDERED AND + , + + , , + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +'1' +. '+: Heather L. Marlow , PLAINTIFF. DECREED THAT AND S""tt A M"Tlow , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY'* THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; * IT IS FURTHER ORDERED that the terms of the Marital Settlement Agreement of the parties dated September 13, 2005, shall be incorporated herein, but not merged, for the purposes of enforcement only, " ~ . . ..i,:, ~ -, J. 'r ~ , , . . - r ", ...... .' .' .. , ~'- Q:O"UH':; --- '" + + + + + + + + + + , + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + . + + + + + + + + + + + + J, . ,I _ ?? '7.A7' , .,k?'?p 2 /"?T'~~ . r ' /-, -:;{.7 / 1~1l? ft.?".J? /f/'?:J~/ 44kl /Jl 'ft:? . / . .J". . ...',