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HomeMy WebLinkAbout01-5253MELISSA CONN-LEHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHANE G. LEHMAN, Defendant v. NO. 2001- ~-'~.~-~,-~ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that Jf you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT VVHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 MELISSA CONN-LEHMAN, Plaintiff SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-~5~ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODF 1. Plaintiff is Melissa Conn-Lehman, an adult individual who currently resides at 627 Gates Lane, Enola, Cumberland County, Pennsylvania. 2. Defendant is Shane G. Lehman, an adult individual who currently resides at 432 Heritage Drive, Gettysburg, Adams County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in 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 October 11, 1997, in Allegheny County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER rv~ch~ell A. Scherer, Esquire I.D.# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Melissa Conn-Lehman mas.dirldomesticldivorcelconn.lehman.com VERIFICATION I verify that the statements made in this Complaint 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: ~/~'//~/ efissa Conn-Cehman Telephone: (717) 338-9550 FAX: (717) 338-0258 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MELISSA CONN-LEHMAN, Plaintiff VSo SHANE G. LEHMAN, Defendant CIVIL ACTION - DIVORCE NO. 2001-5253 CIVIL TERM ENTRY OF APPEARANCE AND NOW, this/,5-¢/~day of October, 2001, comes Jean M. Arena, Esquire, and enters her appearance as counsel on behalf of the Defendant, Shane G. Lehman, in the above-captioned divorce action. Re.s. pect lidly submitted, na, Esquire 1.1~i No. 56379 103'-West-Middle Street Gettysburg, PA 17325 717-338-9550 Attorney fbr Defkndant MELISSA CONN-LEHMAN, Plaintiff SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5253 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 6, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: ~elissa Conn-Lehma MELISSA CONN-LEHMAN, Plaintiff SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5253 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this /</~'~' Melissa Conn-Lehman, hereinafter referred hereinafter referred to as "Husband." WITNESSETH: day of February, 2002, by and between to as "Wife", and Shane G. Lehman, WHEREAS, the parties are Husband and Wife who were married on October 11, 1997, and have been separated since July 1, 2001; and, WHEREAS, Wife has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 2001-5253 Civil Term by complaint filed on September 6, 2001; and, WHEREAS, the parties do not have children; and, WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual premises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL Wife is represented by Michael A. Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband is represented by Jean M. Arena, Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 4. TANGIBLE PERSONAL PROPERTY Wife shall become the sole owner of the 2001 Nissan Xterra she presently drives, while Husband shall become the sole owner of the 1999 VW Jetta he currently drives. The parties are co-debtors on the loan which financed wife's vehicle. Wife agrees to be solely responsible for the repayment of the loan which financed her vehicle, and she further agrees to hold husband harmless and indemnify him for such obligation. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE The marital residence is located at 432 Heritage Drive, Gettysburg, Pennsylvania. The parties purchased the marital residence in 1999 and believe there to be very little equity in the home, especially if the home were to be listed with a real estate broker and sold on the open market. Husband shall become the sole owner of the marital residence and Wife shall, concurrent with Husband's refinance of the indebtedness of the mortgage securing the residence, sign a Deed transferring all her right, title and interest in the marital residence, to Husband. Husband shall be required to complete the refinance within ninety days of the date of this Agreement. Should Husband be unable to refinance the loan for the property in his name alone, Wife shall have the right to demand that the marital residence be sold in order to release her from the indebtedness on the property. B. WAIVER OF RETIREMENT BENEFITS: Each party hereby waives and releases any ownership interest they may have acquired in the retirement benefits of the other during the marriage. C. INTANGIBLE PERSONAL PROPERTY: The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. 6. LOANS BETWEEN THE PARTIES: Husband acknowledges that he owes Wife the sum of $4,500.00 for loans the parties made to third persons and for debts assumed by Wife in her name alone. Husband shall pay Wife, free of interest, the sum of $250.00 per month, beginning February 5th, 2002, and continuing on the 5th of each month thereafter until paid in full. 7, DEBTS AND OBLIGATIONS Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 8. INDEI~INIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 9. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 10. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 14. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 15. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 17. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force and effect. 18. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA CONN-LEHMAN, Plaintiff, VS. SHANE G. LEHMAN, Defendant CIVIL ACTION - DIVORCE NO. 2001-5253 CML TERM DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER §3301(e) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 6, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on October 12, 2001. 3. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a Final Decree of Divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of m~arriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this Affidavit are tree and correct. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. ~'~me G Lehnian, De~en~tant MELISSA CONN-LEHMAN, Plaintiff SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5253 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this /,~./c day of 0c¢¢J~,~' ,2001, I, Shane G. Lehman, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. MELISSA CONN-LEHMAN, Plaintiff SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5253 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Defendant signed an Acceptance of Service form on October 12, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff February 7, 2002 , by the defendant February 19, 2002 (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the divorce code N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 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: March 12, 2002 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: March 12, 2002 Michael A. Scherer, Esquire Attorney Plaintiff, Melissa Conn-Lehman MELISSA CONN-LEHMAN, Plaintiff VERSUS SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. NO. 2001-5253 CIVIL Decree IN DIVORCE AND NOW,~ ~ , IT IS ORDERED AND DECREED THAT MELISSA CONN-LEHMAN , PLAINTIFF, SHANE G. LEHMAN AND , DEFENDANT, ARE DIVORCED FROM THE bONDS Of MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORDIN THIS ACTION FOR WHICH A FINAL ORDER hAS NOT YET BEen ENTered; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED FEBRUARY 19, 2002 AND MODIFICATION OF MARITAL SETTLEMENT AGREEMENT DATED MARCH 8, 2002 ARE INCORPORATED HEREIN AS A FINAL ORDER OF COURT. PROTHONOTARY MELISSA CONN-LEHMAN, Plaintiff SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY;, PENNSYLVANIA NO. 2001-5253 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce from the Bonds of Matrimony on the 20th day of March, 2002 hereby elects to retake and hereafter use her prior name of Melissa Conn and gives this written notice avowing her intention in accordance with the provisions of the act of May 25, 1939, P.L. 192 (23 P.S. 98), as amended. Dated:_ TO BE KNOWN AS ~.~ Melissa~)Conn COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the ,2.(~day of /~r~'/ , 2002, before me, a notary public, personally appeared Melissa Conn-Lehman to be known as Melissa Conn, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. BRADLEY SANDERS, Plaintiff vs. ALISON SANDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 5654 CIVIL IN DIVORCE QRDER OF COURT AND NOW, this _~l ~ day of ~~ 2002, the economic claims raised in the proceedings having been resolved in accordance with a marital agreement dated May 28, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Diane G. Radcliff Attorney for Plaintiff D. Scott Lautner Attorney for Defendant Geo{ BRADLEY sANDERS/5 ' 21.02. MARITAL BRADLEY SANDERS, Plaintiff ALISON SANDERS'~ ..... Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5654 : : CIVIL-ACTION ~'LAW · DIVORCE MARITAL AGREEMENT BETWEEN BRADLEY J. SANDERS AND ALI SON M. SANDERS BRADLEY SANDERS/5 · 21 · 02. MARITAL AGRE~M~N± TABLE OF CONTENTS INTRODUCT I ON ............................................. SECTION I 3 General Provisions ....................................... SECTION II 20 Distribution of Property ................................. SECTION III Distribution of Debts ................................... 29 SECTION IV Counsel Fees And Costs, Alimony, Spousal Support ......... 34 SECTION V Closing Provisions and Execution ......................... 36 BRADLEy SANDERS/5 . 21 . 02. MARITAL AGREEMENT INTRODUCTION 2002, by and between ALISON M. SANDERS ("Wife") of 208 Louisa Drive, Mechanicsburg, PA 17050 and BRADLEY J. SANDERS ("Husband") of 2177 Merrimac Avenue, Mechanicsburg, PA 17055. W I T N E S E T H : WHEREAS, the parties hereto are husband and wife, having been married on October 8, 1994 in Elizabeth, Pennsylvania and separated on September 25, 2001. WHEREAS, There were no children born of this. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property BRADLEY sANDERs/5.21.02· MARITAL AGREEMENT 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 the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: THIS SPACE INTENTIONALLY LEFT BLANK BRADLEY sANDERs/5.21.02- MARITAL AGREEMENT SECTION I GENERAL PROVISIONS 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. 1.02. AGREEM~.NT 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 have occurred or may occur subsequent to the date hereof. 1.03. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably BRADLEY S~NDERS/5.21.02. MARITAL AGREEMENT broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party au his or her option to terminate this Agreement, in which evenu the parties shall be restored to the same legal position each had been immediately prior to the execution of this Agreement, and either party may then proceed with the litigation of any claims heretofore raised in this divorce action the same as of this Agreement has never been executed by the parties. 1.04. EFFECT OF DIVORCE DECREE 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 paruies. - 4 - BRADLEY sANDERs/5.21.02° MARITAL AGREEMENT 1.05. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any Divorce Decree which ma be entered with respect to them. 1 . 06 · NON- MERGER This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 1.07. DATE OF EXECUTION The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.08. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. - 5 - BRADLEY SANDERS/5.21.02. MARITAL AGREEMENT 1.09. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have .......... ~bee.~n__~u~l~ e_~plai_ne_ _d~ tO _th_q.P~a~rt~e-_s_ by. t.he_ir_~_~r~espe_ct_iv_e_ _c?un_s_e_~, Diane G. Radcliff, Esquire for Husband, and D. Scott Lautner, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.10 · 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 and each party acknowledges that there has been a full and fair disclosure of the parties' marital BRADLEY SANDERS/5.21.02. MARITAL AGREEMENT assets and debts and the parties' respective incomes, which has been provided to each party. 1.11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) 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; (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 decisions on the matters covered by this Agreement, which court decision concerning the parties' respective rights obligations might be different from the provisions of Agreement. ~ and this 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 - 7 - BRADLEY SANDERS/5.21,02. MARITAL AGREEMENT 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. C o Inventory: marital and separate property Pennsylvania Divorce Code. Income and Expense Statement: The right to obtain an inventory of all as defined by the 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. Discovery: 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. BP~ADLEY sANDERs/5.21.02- MARITAL AGREEMENT 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. Other Riqhts 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. 1.12 · BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this BRADLEY sANDERs/5 . 21 . 02 . MARITAL AGREEMENT Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 1.13. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They 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. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 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 or in any manner whatsoever with him or her. 1.14. MUTUAL RELEASES Except as other wise expressly provided in this Agreement, Husband and Wife 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 the - 10 - following: a. Claims Aqainst Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including 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 such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. b. Dower, Curtesy, Widows Rights: Any and all rights and claims of dower or curtesy, 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 will; c. Life Time Conveyances: 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 (1) - 11 - BRADLEY SANDERS/5,21.02. MARITAL AGREEMENT the Commonwealth of Pennsylvania, (2) State, Commonwealth or Territory of the United~States, or (3) any other d. ~arital__~_~_i~hts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or e o otherwise. Breach Exception: The foregoing shall not apply to all rights 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 the intention of Husband and Wife 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 acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this 12 - BRADLEY SANDERS/5.21.02- MARITAL AGREEMENT Agreement or for the breach of any provisions thereof. 1.15. WAIVER OR MODIFICATION 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. 1.16. MUTUAL COOPERATION ' Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge 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. 1.17. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.18 · INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and - 13 - B~-~ §~s/5.21.02, MARITAL AGREEMENT' negotiations between them. There are no representations or warranties other than those expressly set forth herein. DOCUMENTATION 1.19. Wife and Husband covenant and agree that they will forthwith, (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 1.20. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any other obligations herein, nor shall it be 14 - construed as a waiver of any subsequent default of the same or similar nature. 1.21. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, 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 of the breach and in bringing the - 15 - B~Y ~ERs/5.21.02. MARITAL AGREEMENT 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. 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 Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) 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 - 1.22 · LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws ......... of~_t~he_ ~m~.m_o~n~w.~_l_~_b _o~f ~en~n_@.yl?_a_~nig_. ......................................................... 1.23 · 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 remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 1.24. HEADINGS NOT PART OF AGREEMENT Any headings 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. - 17- 1.25. INCOME TAX MATTERS With respect to income tax matters regarding the parties the a. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other .from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. b. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. - 18 - BRAD~ ~DERs/5.21.02. MARITAL AGREEMENT '' 1.26. PRESERVATION OF RECORDS Each party will keep and preserve all records pertaining to .......... _a___ny j ?_i__n_t__l.][_ f~i 1.e_~_t_a_x___r..e_tu~_r_n_s_f_o_.r t_h_e__ P_e_r_i?_d__? f__._t_i_m_e_ _a_s.~_ ~?q_u_i_r_e_d _b_y_ the Internal Revenue Service, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.27. MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. 1.28. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of · any of the terms hereof unless the parties~ in writing, signed by both parties, execute a statement declaring this Agreement or any term of 'this Agreement to be null and void. - 19 - BRADLEy sAnDERs/5.21.02. MARITAL AGREEMENT SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the. court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own independently of any claim or right of the other, and enjoy, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since SePtember 25, 2001, the date of the parties' marital separation, with full power in him or her to dispose of the same as - 20 - fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. WAIVER OF IN~{ERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04. AS IS CONDITION Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without - 21 - warranty or representation by or from the other party. 2 · 0 5 · PERSONAL PROPERTY .................... W i t_h~ ~r~ s~p_e _c t~ __t o__t_he ~__t a~ng.i b 1 e_._P_~_r_s.~o _n_a_l P r °_ P__e_r~ _tmY_ _r ~ f_ __t_.h_e__p__a_r~.~ including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art, family pets and other personal property (~'the Personal Property"), the parties agree as follows: So Division: Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. Dog: it is specifically understood and agreed that the foregoing provision is intended to grant sole ownership of the Weimaraner dog to Husband. Waiver: The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if 22 BRADLEY SANDERS/5,21.02. MARITAL AGREEMENT any, Property which shall property of the other. d. he or she may have with respect to the Personal become the sole and separate Documents: to the extent necessary the parties will execute and deliver any and all documents necessary to carry forth the provisions of this Section 2.05, including but not limited to, the transfer of legal ownership of the Weimaraner dog to Husband. 2.06. VEHICLES, BOATS AND T~{E LIKE With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: a. Wife's Vehicle(s): The 1995 Eagle Vision shall be the sole and separate property of Wife. b.Husband's Vehicle(s): The 2000 Ford F-150 4x4 Pick-Up Truck shall be the sole and separate property of Husband. c. Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade- 23 - ~R3~L~¥-~N-D~S/5.21.02'. MARITAL AGRE'EMENT in value thereof if it had been sold or traded in prior to the date of this Agreement. d. Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. e. Liens: In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. f. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles 24 2.07. that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. REAL ESTATE Husband is the sole owner of a certain tract of improved real estate known and numbered as 2177 Merrimac Avenue, Mechanicsburg, PA ("the Real Estate") which is encumbered with a mortgage owed to Washington Mutual (~the Mortgage"). With respect to the Real Estate and the Mortgage the parties agree as follows: a. Waiver: Wife specifically waives, releases, renounces and forever abandons whatever right, title and interest she may have in the Real Estate, which hereafter shall be the sole and separate property of Husband free and clear of all claims of Wife. to the terms of this Paragraph. b. Documents: Wife shall make, execute and deliver all documents requested by Husband to effectuate the terms of her waiver set forth in subparagraph a. above. c. Liens, Encumbrances and Expenses: The Real Estate shall be subject to all liens and encumbrances including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens, and shall further be - 25 - BRAD~ ~RS/5.21 .02. NARI"~AT, AGReEMEnT under and subject to any covenants and restrictions of record. Husband shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. 2.08. RETIREMElqT AND PENSION PLANS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, ("the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either Party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely 26 - liable for any and all taxes and penalties resulting from that withdrawal. Pursuant to the foregoing terms, it is agreed that Wife shall retain her Fidelity 401K Plan and her IRA account and Husband shall retain his prudential 401K Plan. 2.09. BANK ACCOUNTS~STOCK~LIFE INSURANC~ The parties have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value,, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. - 27 - 2.10 . MONETARY PAYMENT In consideration of the division of the marital assets and ...... _d_e__b_t_s_h~e_~_ei_~__provided, Husband shall pay Wife the sum of $5,000.00. Said payment shall be made in a single lump sum payment upon execution of this Agreement. 2.11. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non- taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. THIS SPACE INTENTIONALLY LEFT BLANK - 28 - BRADLEY SANDERS/5.21.02'. MARI~AL AGR~EME'NT SECTION III DISTRIBUTION OF DEBTS ............... -3- J0-1-~---W i. FE+ S_DEB TS ........................................... = Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3.02. HUSBAND ' S DEBTS Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be - 29 - responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3.03. MARITAL DEBT During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, (~the Marital 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: a. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment for the payment of any portion of the Marital Debts that a party may have made prior to the execution of this Marital Agreement, whether or not that debt is specifically referenced in this Paragraph. b. Wife's Debts: Wife shall be solely responsible for the following bills and debts: 1. Any vehicle loan for Wife's Vehicle(s) as required and set forth in Paragraph 2.06 herein. 30 - Any and all taxes resulting from her withdrawal of funds from her Retirement Plans set forth in Paragraph 2.08 herein; 3. A_ny 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. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. The Universal Card; 2. The Discover Card; 3. Any vehicle loan for Husband's Vehicle(s) as required and set forth in Paragraph 2.06 herein; 4. The Mortgage set forth in Paragraph 2.07 herein; 5. Any and all expenses associated with the Real Estate set forth in Paragraph 2.07 herein; 6. Any and all taxes resulting from his withdrawal of funds from his Retirement Plans set forth in Paragraph 2.08 herein; 7. Any and all other debts, liabilities, obligations, 31 - loans, credit card accounts, and the like incurred in Husband's sole name and not otherwise provided for herein. d. 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. e. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party ~ncurring said charge shall immediately repay the same. f. Non-Disclosed Liability: 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. g. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is - 32 - individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 3.04. INDEMNIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. THIS SPACE INTENTIONALLY LEFT BLANK - 33 - BRADLEY SANDERS/5.21.02. MARITAL AGREEMENT SECTION COUNSEL FEES, AND SPOUSAL IV ALIMONY, SUPPORT for alimony, maintenance. 4.01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 4.02. ALIMONY AND SUPPORT The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other alimony pendente lite, spousal support and the support action docketed to No. 091103873, the following shall apply: a. With respect to the existing spousal support order entered in 00807 S 2001, Pacses No. Termination of Order: The existing spousal support order shall be terminated as of the date of the entry of the divorce decree but in no event any later than June 15, 2002, whichever shall first occur. - 34 - BRADLEY SANDERS/5.21.02. MARITAL AGREEMENT Cancellation of Arrears: Any remaining arrears on said spousal support order as of the date of termination shall be paid in full by Husband within five (5) days of the date of the entry of the divorce decree. THIS SPACE IAITENTIONALLY LEFT BLANK - 35 - BRADLEY SANDERS/5.21.02. MARITAL AGREEMENT SECTION V CLOSING PROVISIONS AND EXECUTION 5.01. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the Same agreement. 5 · 02 · FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 5.03. BINDING EFFECT BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND IINDERSTOOD 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, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement in various counterparts, each of which shall constitute 36 - an original. WITNESS: (SEAL) ALISON M. SANDERS Date: - 37 - BRADLEY SANDERS/5.21.02. MARITAL AGRE'EME~T COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF O?'/~t~t~<~t,~ ~ : On this the ~¢4. day o~ , 2002, before me the ~d%rsl~-ftlcer, per~&~-l~--ampl3~are~TA-L-i-SON-Mv--gA/~DER-SU-,-kn-own- to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that ALISON M. SANDERS executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Notaria~ Deborah L. Donl~ ,,, Public Camp Hill Boro, C .... :~ County My Commission E) ., ..~;!. 23. 2003J ember. Pennsylvanl~ ....... -.,,.,...= ot Notaries NOTARY PUBLIC / My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the,=~c~'-/Jday of /~Q(L~{_ , 2002, before me the undersigned officer, personally ip~eare~ BRADLEY J. SANDERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that BRADLEY J. SANDERS executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I have hereunto set my hand and notarial ~y' ~mTmAis~JoU~xCpfres: ~ Notadal Seal Robin Z. Gonzalez, Notary Public Highspire Boro, Dauphin County