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HomeMy WebLinkAbout05-5605 HAROLD H. FANSLER, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA SELINA G. FANSLER, : CIVIL ACTION - DIVORCE 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief 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, 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 THEIVL 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 (717) 249-3166 HAROLD H. FANST ER., Plaintiff V. SELINA G. FANSLER, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 0E - S"(opS 0-, v L- L `T - rr CIVIL. ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. The parties hereto are husband and wife and have entered into a Participation Agreement for the resolution of their divorce, custody, support and equitable distribution issues through the collaborative process. 2. Harold H. Fansler (hereinafter "Husband") resides at 324 Bob Cat Road, Newville, Pennsylvania 17241. 3. Selina G. Fansler (hereinafter "Wife") resides at 324 Bob Cat Road, Newville, Pennsylvania 17241. 4. Husband and Wife have been bona fide residents of this Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. Husband and Wife were married on May 26, 1984, in Union, Ohio. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. Husband and Wife are both citizens of the United States. 9. Husband has been advised of the availability of marriage counseling and of the right to request the Court to require the parties to participate in such counseling. Being so advised, Husband has waived the right to request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. Husband avers that this ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter a Decree of Divorce. DATED: 0 Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: ? ?' [jl}-? tJ?' V -f-- ;; i r? ? ` ? ?? " f ? j L, . ` HAROLD H. FANSLER, Plaintiff V. SELINA G. FANSLER, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. OS - S OS 010- U L -av'1 CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Maryann Murphy, Esquire, am the Attorney for the Defendant, Selina G. Fansler, in the collaborative law process for resolution of her family law issues. In that capacity, I am authorized to and have accepted service of the Complaint I 7 in Divorce, as of this the t' jj y-- day of 2005. As a part of the collaborative law process, I will be unable to represent Selina G. Fansler if the parties leave the collaborative law process and proceed with litigation. %41*U1L6- Attorney for Defendant PAM 246 4902 Carlisle Pike Mechanicsburg, PA 17050 N ?7 ?? a {' T7 ? T _ .aC ? r: I ;C? t .- ?C) -,. ?_.. W S'S ??_ ? it HAROLD H. FANSLER, Plaintiff V. SELINA G. FANSLER, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5605 Civil Term :CIVIL ACTION -- DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on October 28, 2005, and served on November 2, 2005. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. 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. DATED: "e?? D(n <-' ?.? ?_ U^ .?1 "?. _ ? i?.= ft y "?? ? jig . ?J 'p :r s HAROLD H. FANSLER, Plaintiff V. SELINA G. FANSLER, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5605 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree 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 Decree of Divorce 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 Waiver 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. DATED: ,'Oowe' d-0 jj -JCL ::P t .; i ? T 1, C+7 .^ T ??. `?+ .\ !? '? '' b5 - S70o5 Olu"C? MARITAL SETTLEMENT AGREEMENT THUS AGREEMENT, made this day of 2Oo6 by and between SELINA G. FANSLER of Cumberland County, Pennsylvania (hereinafter referred to as SELINA), and HAROLD H. FANSLER of Troy, Ohio (hereinafter referred to as HAL), WHU EA.S, SELINA and HAL were lawfully married on may 26,,984 in union, Ohio; and NWKREAS, there were no children born of this marriage; and HREREAS, diverse, unhappy differeanoes, disputes and diffiedities have arisen between the parties and it is the intention of HAL to live separate and apart from SELINA for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally 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 ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates; and hIZUITSAS, SELINA and HAL and their respective counsel entered into a Collaborative law Participation Agreement dated October 26, 2oo5, and have used the Collaborative Law Process in negotiating this Agreement. NOW, TIUMM ORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby aclmowledged by each of the parties i dv??- hereto, SELINA and HA4 each intending to be legally bound, hereby covenant and agree as follows: 1. It shall be lawful for each party at all tires hereafter to live separate and apart from the other party at such place as he or she may fi+om time to time choose or deem fit The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlaawfulness of the causes leading tO their living apart a. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if be or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to Cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart 3. Subseguerit The parties acknowledge that HAL filed a Complaint in Divorce in Cumberland County, Pennsylvania on October 2% 2005 to docket number o5-5605 Civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) and Section 3301. (d) of the Pennsylvania Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, eacb of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in 2 el'*?'-54- any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed that a copy of this Agreement, or the substance of the provisions thereof; may be incorporated by reference, but not merged, into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4- Date ecution: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "dafie of execution" or "execution date" of this Agreement shall be defined as the date of ezeaution by the party last executing this Agreement. 5. Distribution Dale: The transfer of property , funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. Mutual Release: SELINA and HAL each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, tide and interests, or claims in or against the property (mcludmg income and gain from property hereafter 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 the other, the estate of such other or any part thereof, whether arising out of any former ads, oont racis, engagements or liabilities of such other or by way of dower or curtasy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's 3 Orl?- 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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of SELINA and HAL to give to each other by the execution of this 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 aoquire, except and only except all right and agreements and obligations Of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property , alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. Advice ofCosoasel The provisions of this Agreement: and their legal effect have been fully explained to SELINA by her attorney, MARYANN MURPHY, ESQUIRE, and to HAL by his attorney, NORA F. BLAIR, ESQUIRE SELINA and HAL acknowledge and accept that this Agreement is, in the 4 6AIII circumstances, fair and equitable and that it is being entered imo freely and voluntarily 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 agreementL The parties further acknowledge that, pursuant to their Collaborative Law Participation Agreement, they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement 8. warners w as to Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every land which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement 9. Mina Debts: SELINA and HAL acknowledge that the only existing marital debt is the joint first mortgage on the marital residence. As of September 19, 2oo5, the balance of the first mortgage was $i3i,723.io. There was a second lien on the marital residence with M&T Bank This lien, of approximately $8,ow oo, was paid in frill by the parties prior to the execution of this Agreement Beginning in January of 2oo6 and continuing until the current first mortgage is paid in full or until SELINA remarries, whichever shall first occur, SELINA will pay 2/3 of the first mortgage payments, and HAL will pay i/3 of the first mortgage payments. Mortgage payments include the real estate taxes and the homeowner's insurance premium. s ?S? The patties agree that there are no other marital debts. io. Warrants as to Puture OGliaratfoyas: SELINA and HAL each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specificaDy provided for by the terms of this Agreement. 11. itarikd The marital residence located at 324 Bobcat Road, Newville, Cumberland County, Pennsylvania, is deeded in joint names. There is a first mortgage on this property with M&T Bank in both parties' name,. SELINA and HAL agree that SELINA shall have exclusive possession of the marital residence until the current first mortgage is satisfied and HAL receives his share of the equity in the home as calculated herein. At that time, the parties agree that SELMA shall have exclusive ownership and possession of the marital residence, and both parties agree to execute a Deed transferring the property to SELINA's name. The parties agree that beginning with the mortgage payment due in January of 2oo6 and continuing until the current first mortgage is paid in frill or until SELINA remarries, whichever shall first occur, SELMA shall pay 2/3 of the first mortgage payments, and by the first day of each month HAL shall pay 113 of the fast mortgage payments directly to SELMA. SELINA agrees to ensure that the monthly first mortgage payments are paid in full by the due date. Mortgage payments include the real estate taxes and the homeowner's insurance premium. 6 dpi . ? SELINA agrees to indemnify HAL and hold him harmless for and against any and all claims arising out of SELINA's failure to make payments as speed in this paragraph. HAL agrees to indemnify SELINA and hold her harmless for and against any and all claims arising out of HAL's failure to make payments as specified in this paragraph. Within sixty (6o) days of SELINA's remarriage or the payment in fiill of the current fast mortgage, whichever shall fast occur, SELINA shall pay HAL his share of the equity in the home which shall be determined by an appraisal performed by a real estate appraiser agreed upon by the parties. In order to pay HAL his share of the equity, SELINA can sell said real estate, refinance the real estate, or, if SELINA has not remarried, she can have HAL hold a mortgage against the real estate. When the first mortgage is paid in M, the parties shall divide the balance in the escrow account, distributing 2/3 to SELINA and 1/3 to HAL. In the event SELINA remarries and pays HAL his share of the equity, she shall have HAL's name removed from liability on the current first mortgage within sixty (6o) days of her remarriage. In distributing the equity in the marital residence between the parties, the amount to be paid to HAL for his share of the equity shall be determined as follows: A. The proportion of increase in the value of said real estate shall be determined by dividing the appraised value of the real estate as of the date of the precipitating event (remarriage of SELINA or payoff of the first mortgage currently with M&T Bank) by the appraised value as of October 8, 2oo5, ($344,ooo.oo). This shall be known as the "change factor°. f? B. HAL shall receive one-half of the equity of said real estate as of December 31, 2oo5, plus or minus any change in value of the real estate. The amount HAL shall receive shall be determined by multiplying one-half of the net equity in said real estate as of December 31, 2oo5, by the change factor. The net equity in said real estate shall be the difference between: W the appraised value ($344,ooo.oo) and (ii) the balance of the first mortgage as of December 34 2oo5• C. HAL shall also receive one-third of the increase in value of said real estate associated with payment of the fast mortgage and major repairs. Said amount shall be determined by dividmgby three the difference between: 0) the appraised value on the date of the precipitating event less the first mortgage balance on the date of the precipitating event and (ii) two times the amount HAL will receive pursuant to subparagraph B above. In the event that SELINA dies prior to her payment to HAL of his share of the equity in the home, and providing HAL has not remarried, SELINA agrees that her share of the equity in the home shall become the sole and exclusive property of HAL In the event that HAL dies prior to receiving his share of the equity in the home, and providing SELINA has not remarried, HAL agrees that his share of the equity in the home shall become the sole and exclusive property of SELINA. Within thirty (3o) days after the divorce is finalized, SELINA and HAL agree to execute a Deed as joint tenants with right of survivorship until such time as the current first mortgage is satisfied in full and HAL has received his share of the equity in the home as set forth above, at which time the parties agree to execute a Deed transferring the home to SELINA's name. The parties agree that they shall share expenses for major repairs to the home in excess of $r,ooo.oo. SELINA shall pay 2/3 of these expenses and, within thirty (30) days of the time payment is due, HAL shall pay 1/3 of these expenses. The parties fiirther agree that regular maintenance shall not be considered major repairs. For income tan purposes, SELINA shall claim 2/3 of the real estate taxes and the mortgage interest, and HAL shall claim 1/3 of the real estate takes and the mortgage interest, unless they both agree otherwise. If HAL fails to pay his 1/3 share of the first mortgage payments to SELINA by the first day of each mouth, and/or if HAL fails to pay his 1/3 share of the major repairs to SELINA within thirty (3o) days of the time payment is due, the parties agree to return to the Collaborative Law Process to address this issue. If SELINA fails to pay her 2/3 share of the fast mortgage payments by the due date each month, and/or if SELINA fans to pay her 2/3 share of the major repairs within thirty (3o) days of the time payment is due, the parties agree to return to the Collaborative Law Process to address this issue. 12. Personal Pr+nnwU SELINA and HAL acimowledge that they have agreed upon a mutually satisfactory division of their personal property currently or previously in the marital residence, and they have dismiuted this properly accordingly. The parties agree that the above division of property is mutually acceptable to them, and neither desires to have this property appraised. Neither party shall make any claim to any such item of marital property, or of the separate personal properly of either party, except as provided for in this Agreement Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 13. Bu=kAcooMnis: The parties acknowledge that they have accounts at the following banks: (a) USAA - checking account - approximate balance on November 4, 2005 of $200.00 -joint names; (h) USAA - savings account= approximate balance on November 4, 2005 of $6,5oo.oo -joint names; (c) M&T Bank - checking aooount - approximate balance on November 4,2(>o5 of $i,39o.34 -joint names; (d) M&T Bank - savings account - approximate balance on November 4, 2005 of $565.oo -joint names; and (e) USAA - checking account - approximate balance on September i9, 2005 of $ioo.oo - HAL's individual name- The parties agree that SELINA shall become the sole and exdusm owner of the all of the joint accounts (USAA checking, USAA savings, M&T Bank checking, M&T Bank savings), less Si ooo.oo she will pay, or has paid, to HAL The parties fcuther agree that HAL shall become the sole and exclusive owner of the USAA c heeling account in his io dr? individual name and the $4ooo.oo he will receive, or has received, from SELINA. 14. Stock '!fie parties agree that they own the following stock: (a) Fannie Mae - SELINNs name - balance of $8,092.12 on August 26, 2005 (b) Exxon/Mobil - HAL's name - balance of $3,628.88 on September 9, 2005 (c) Sprint - HAL's name - balance of $945.16 on June 3% 2005; (d) Motorola - HAL's name - balance of $60203 on July 1% 2005 (e) AIM Investment - joint names - balance of $5,96o.oo on November 4,2005; The parties agree that SELINA shall become the sole and eadusive owner of the Fannie Mae stock, and that HAL shall become the sole and exclusive owner of the Exxon/Mobil stock, the Sprint stock, the Motorola stock and the AIM Investment Both parties agree to execute, upon request, any and aU documems necessary to effectuate the terms of this agreement. 15. : SELINA and HAL acknowledge that they have used some of their savings bonds to pay the balance of the second lien on the marital residence. The remainder of the BE savings bonds were valued at $60,318.72 on November 4, 2oo5. The parties agree that they shall equally share these savings bonds. The parties further agree 11 S? that they shall execute any and all documents necessary to transfer 'A of the bonds to SELINA and Ah of the bonds to HAL 16. IrJceritaraae_ The parties acknowledge that HAL received an inheritance from his father of approximately $t68,6oo.oo of which approximately $i3o,t74.oo remained as of November 4, 2oo5. SELINA and HAL agree that HAL shall remain the sole and exclusive owner of his inheritance, including any increase in value during the marriage. SELINA agrees to waive any rights or interests she may have in HAL's inheritance. 17. MMMM The parties acknowledge that HAL is receiving retirement from the military. SELINA and HAL agree that SELINA shall receive one-half W of HAL's military retirement pay after dedudiug the SBP cost from the gross amount. If SELINA remarries, the parties agree that SELINA shall receive 4x.36% of HAL's military retirement pay after deducting the SBP cost from the gross amount. These payments shall remain terminate upon the death of either party. However, HAL agrees that SELINA shall the irrevocable beneficiary of his survivor annuity. The parties agree that the portion of the military retirement pay that SELINA receives shall be treated as if the parties had entered into a Qualified Domestic Relations Order for distribution of the amounts as set forth above. Therefore, SELINA agrees to include the amounts paid to her in her taxable income and HAL will be permitted to deduct a like amount from his taxable income. 12 ?f/?7 The parties agree that HAL shall make direct payments to SELINA of her share of HAI.'s military retirement no later than the t5w day of each month. If HAL fails to make timely payments to SELINA, the parties agree to return to the Collaborative Law Proem to address this issue. If this issue cannot be resolved through the Collaborative Law Process, both parties agree to execute a QDRO and/or other documents necessary to effectuate the terms of this agreement. 18. t9 kergedimnentsawfits: In addition to HALs military retirement, the parties acknowledge that both have other retirement benefits as follows: (a) FERS - SELINA's name, with a balance of $gj32.33o on October 13, 2005; (b) FERS - HAL's name, with a balance of $5,902.93 on September 27, 2005; (c) AIM IRA - HAL's name, with a balaxie of $31,62142 on June 3o, 2005; (d) AIM Roth IRA - HAI: s name, with a balance of $u4683.7g on June 15,2005; (e) USAA Roth IRA - HAL's name, with a balance of $2,574.36 on June 30,2005; (f) USAA IRA - SELINA's name, with a balance of $im,>39.8i on June 30,2005; (g) USAA IRA - SELINA's name, with a balance of $28,835.13 on June 30,2005; 13 ?s? (h) Fannie Mae - SELINKs name, with a balance of $18,949.32 on June 30, 2005. The parties agree that SELINA shall become the sole and exdussive owner of the FERS, USAA IRAs, and Fannie Mae retirement benefits in her individual name with an approximate total balance of $63,o56.56, and HAL shall become the sole and exclusive owner of the FERS, AIM IRA, AIM Roth IRA, and USAA Roth IRA in his individual name with an approximate total balance of $51,782.5o. SELINA and HAL agree to execute, upon request, any and all documents necessary to effectuate the terms of this agreement. 19. Motor Vehicles: The parties agree that SELINA shall become the sole and exclusive owner of the 1998 Toyota Tacoma and the 1993 Volvo, and HAL shall become the sole and exclusive owner of the 2ooo Jaguar. None of these vehicles is encumbered. If they have not already done so, SELINA and HAL agree to ensure that the titles of these vehicles are transferred to the respective owners within thirty (3o) days of the execution of this Agreement. 20. Life Insima$ce: The parties acknowledge that HAL has a term life insurance policy for $35o,ooo.oo with USAA. HAL agrees to maintain SELINA as his beneficiary for so long as he is able to do so as per the requirements of USAA, the cost of the policy remains reasonable, and SELINA does not remarry. HAL shall confirm with 14 jf?3?- USAA SELINA's beneficiary status after the divorce is finalized. The parties acknowledge that SELINA has a whole life insurance policy for S65,ooo.oo with AXA. SELINA agrees to maintain HAL as her beneficiary unless she remarries for so long as the cost of the policy remains reasonable, and HAL does not remarry . SELINA shall confirm with AXA HAL's beneficiary status after the divorce is finalized. 21. Me-rAgoeired Pei i and Pt lu Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of 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 be or she were unmarried. 22. AAnlicabilitu of Tax Law to Proaertu s: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of i984 (herein the "Act'), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 23. Waiver o, j Legal Fees: SELINA and HAL agree to pay thew own 15 S attorney's fees 24. Sppusat S??p rt/Alimorw Penderete Lite:The parties agree that HAL shall pay SELINA $150.0o per month in spousal support/ahmony pendente lice which shall be deposited into a tax deferred retirement account beginning in June of 2006- These payments shall be made by the 15w day of each month until the divorce is finalized. These payments shall be deductible to HAL and includible as income to SE11NA for income tax purposes. 25. Ali LQm: The parties agree that HAL shall pay SELINA $150.00 per month in alimony which shall be deposited into a tax deferred retirement account These payments shall be made by the 150 day of each month beginning the month after the divorce is finalized, and shall end only upon the death of either party, SELINA's remarriage or SELINA's attaining the age of sixty-five (65) years. If HAL fails to make these payments by the 15ei day of each month, the parties agree to return to the Collaborative Law Process to address this issue. If the issue cannot be resolved through the Collaborative Law Process, SELINA shall file this Agreement with the Domestic Relations Office for enforcement. These payments shall be deductible to HAL and includible as income to SELINA for income tax purposes. 26. Health Insurmrcae: HAL agrees to continue to pay for SELINA's health insurance through the military until SELINA remarries. 16 ?S? 27. FUU Disclosure: SELINA and HAL each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of every type whatsoever in which such party has an interest, and of all other facts relating to the subject matter of this Agreement 28. Disclosure and Waver of 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 has the right to have all such properly valued by means of appraisals or otherwise. Both parties understand that they have the right to have the 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 Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate 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 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; d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, induding but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, rowel foes, casts r-r and expenses. 29. Waiver gfM rq ' n to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 30. MMUNl Cooveration: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acimowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 31. Applicable I rew: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 32. Agr@@nent Siruling On Heirs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 33. Intggraftm This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 34. Other Doeumentation: sEuNA and HAL covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other wramp as may be necessary or desirable for the proper effectuation of this Agreement 35• No Waiver onfnfgu t: This Agreement shall remain in full force and is V' effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon stria performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 36. Saimm6flftu: If any term, condition, clause or provision of this Agreemeut 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. Likewise, the failure of any party to meet his or her obligation under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 37. Afonoen ML gfdareerapet: If either party believes that the other party has breached any provision of this Agreement, the parties agree to return to the Collaborative Law Process to resolve the issue. If the parties are unable to resolve the issues through the Collaborative Law Process, a party shall have the right at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. If litigation is necessary, the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement 19 S? r , 38. Headfngs Not Part off4g++ee»zent Any heading preceding the text of the several paragraphs and subparagraphs hereof 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. IN WrIWIM WHEREOF, the parties hereto have set their hands and seals this day and year first above written. Date Maryann urphy, Esq. SELINA G. FANSLER . F S= Date ra F. Blair, PgFr? 20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF :ss: On this the day of 2oo6, before me the undersigned, personally appeared HAROLD H. FANSLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF :ss: On this the day of 2oo6, before me the undersigned, personally appeared SELINA G. FANSLER, known to me (or satisfiuCtoriily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public 21 ..,; ?? `? ? ? :T -n _,? ? = ?" -:, ' i=°; _, ? ?, 'i `?J ?'] L r Curtis R. Long Prothonotary Office of the Vrotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OS7 - TLOS CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573