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HomeMy WebLinkAbout06-1289 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN A, SIGLER, Civil Action - Law Plaintiff vs. No, ()l., - };).[>7 C(u~l~fj2.~ ANGELA 1. SIGLER, Defendant Divorce C&D TO: ANGELA 1. SIGLER, Defendant 1125 COLUMBUS AVENUE APARTMENT 10 LEYMOYNE,PA 17043 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 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, I Courthouse Square, Carlisle, PA 17013-3387, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES, OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013-3387 Telephone 717-240-6195 QUIRE A VISO PARA DEFENDER Y RECLAMAR DERECHOS Usted ha sido demand ado en la corte. Si de sea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n con prontitud, Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte, Una decisi6n puede tambien ser emitida en su contra por cualquier otra queja 0 compensaci6n reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esti disponible en la oficina del Prothonotary, en la Cumberland County. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Telephone 717-240-6195 SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DlVORCIO 0 ANULAMlENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDlA TO, SI NO TlENE 0 NO PUEDE P AGAR UN ABOGADO, V A Y A 0 LLAME A LA OFICINA INDlCADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Adams County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the county at (717) 334-678 I, For those with a hearing impairment, please contact the Deaf Center at (717) 334-6781 ext. 213, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOHN A, SIGLER, Civil Action - Law Plaintiff vs. No, ANGELA L. SIGLER, Defendant Divorce C&D TO: ANGELA L. SIGLER, Defendant 1125 COLUMBUS AVENUE APARTMENT 10 LEYMOYNE, P A 17043 NOTICE AS TO COUNSELING You are hereby notified that counseling is available and may be requested by either party, Upon written request made to the Domestic Relations Office of Cumberland County, 13 North Hanover Street, Carlisle, P A 17013 both parties will be provided a list of qualified professionals who give counseling service, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN A. SIGLER, Civil Action - Law Plaintiff vs. No, OLs. - J':<f( C~o~LL~ ANGELA 1. SIGLER, Defendant Divorce C&D TO: ANGELA 1. SIGLER, Defendant 1125 COLUMBUS AVENUE APARTMENT 10 LEYMOYNE,PA 17043 COMPLAINT This / t'day of -.JIj rJ}t..f!)- ,2006, comes the Plaintiff, JOHN A. SIGLER by his attorneys, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, by Peter D. Solymos, Esquire, and files this Complaint in Divorce, whereof the following is a statement: I. Plaintiff is JOHN A. SIGLER, an adult, who resides at 23 Maple Avenue, Cumberland County, Camp Hill, P A 170 II. 2. Defendant is ANGELA L. SIGLER, an adult, who resides at 1125 Columbus Avenue, Apartment 10, Cumberland County, Lemoyne, P A 17043, 3, Plaintiff and Defendant have resided within the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint, and are both citizens of the United States of America. 4. The Plaintiff and Defendant were married on July 25, 1992 in Ephrata, Pennsylvania, 5. There have been no prior actions of divorce or for annulment between the parties, 6. No children were born as a result of the marriage. COUNT! Divorce - 3301(c) - No-Fault 7. Paragraphs 1-6 are incorporated by reference, 8. The marriage between the parties is irretrievably broken. 9, The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 330 I (c) of the Divorce Code, divorcing Plaintiff and Defendant. COUNT II 3301(d) 10, Paragraphs 7-9 are incorporated by reference, 11. The marriage is irretrievably broken. 12. The parties were separated on July I, 2006, and have remained separate and apart. 13. The Petitioner requests that a Decree in Divorce be granted under Section 3301(d) of the Divorce Code in the event they remain separated for two years or greater. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(d) of the Divorce Code, divorcing Plaintiff and Defendant. OS, ESQUIRE A orne laintiff Supreme Court I.D. No. 07475 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire file made on behalf of said party or parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 P A C,S,A. SECTION 4904 relating to unsworn falsification to authorities. This Verification of the attorney is being attached hereto because the Verification of the Plaintiff cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed Verification of the Plaintiff will be filed a D'" ~pf p (:) ~ 7"1l ~ t\:- ..() \) - r-- IF) !-.) '-' ~ ; ~ D " V) t...J :-:1 ~ f'- -0 i';: 1: p-=- -. ~ J ,- " .. . , C__J 01-- 1:11'9 e.~L-L ~'eIL'1 PROPERTY SETTLEMENT AGREEMENT BETWEEN JOHN A. SIGLER and A GEL L. S THIS AGREEMENT, made this ~ay 0 ER , 2006, by and between JOHN A. SIGLER (hereinafter referred to as "HUSBAND'), of York County, Pennsylvania and ANGELA L. SIGLER (hereinafter referred to as "WIFE'), of York County, Pennsylvania. WHEREAS, the parties were married on July 25, 1992 in Ephrata, Pennsylvania; and WHEREAS, no children were born of the marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart for the rest of their natural lives. The parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as to 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 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 or against the other I or against their respective estates, which claims may have arisen pursuant to the Divorce Code of 1980. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt of which is hereby acknowledged, the parties mutually agree as follows: I. INTRODUCTION: 1. Separation. Is shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may, from time to time, choose or deem fit. 2. Execution Date. The date of the Agreement shall be construed to be the date on which the last party signs this document. 3. No Interference. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. 4. Descriptive Headines. The description headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 2 II. PROPERTY DISTRIBUTION: 5. Division of Personal ProDertv. HUSBAND and WIFE have already divided all personal property accumulated by them during their marriage, and each does hereby acknowledge that HUSBAND and WIFE, respectively are now sole owners of such personal property as set forth in EXHIBIT "A " attached hereto and made a part hereof. 6. Motor Vehicles. a. HUSBAND agrees WIFE will become the sole and exclusive owner of the 2001 Toyota Avalon, and HUSBAND agrees to execute all documents necessary to transfer to WIFE any and all right, title, and interest which HUSBAND may have in said motor vehicle. b. As of the date of the execution of this Agreement, save and except as may have been provided for herein, both parties acknowledge that they are fully responsible for maintenance and upkeep of their respective motor vehicles. 7. Accounts. All banking, savings, checking, and money market accounts shall be the exclusive property of the party in whose name they are titled as of the date of this Agreement. 8. Pension And Other EmDlovee Benefits. HUSBAND hereby waives any and all right, title, and interest he may have in WIFE'S pension plan(s), trust(s), 40 1 (k)(s), IRA(s), or similar retirement vehicles. WIFE hereby waives any and all right, title, and interest she 3 may have in HUSBAND'S pension planes), trust(s), 40 1 (k)(s), IRA(s), or similar retirement vehicles. 9. Insurance. a) Except as provided in this Agreement, the parties hereby waive any and all rights to claim any interest or share in each other's life insurance plans, if any. b) HUSBAND shall maintain the WIFE on his company's health insurance through the end of December 2006 at which time, WIFE would obtain her own health Insurance. c) HUSBAND shall maintain the WIFE on his automobile insurance through the end of December 2006 at which time, WIFE would obtain her own automobile insurance. 10. Real Estate. WIFE transfers, assigns and conveys to HUSBAND, all of her right, title and interest in the real property located at 23 Maple Avenue, Camp Hill, P A. WIFE agrees to execute and acknowledge a deed to be deposited with HUSBAND'S attorney, Peter D. Solymos, Esquire, for recording of, within sixty (60) days of the date of the signing of this Agreement. HUSBAND shall be entitled to exclusive possession of the marital residence at the time of the signing of this Agreement. HUSBAND shall hold the WIFE harmless from any and all liability arising out of the lien on the property, together with all normal expenses involving the maintenance, upkeep, and payment of taxes on 4 aforesaid property. HUSBAND shall assume the mortgage on the marital residence and the home equity loan in exchange for WIFE's signature on the Deed. 11. Liens. Both parties agree that they shall not cause any additional liens to be placed against the property and agree to hold the other harmless for payment thereof. 12. Credit Card/Credit Card Debt. Each party hereby agrees to return any and all credit cards or charge plates which he or she may have in his or her possession to the party who is the owner to the account, and agrees that any debts incurred by any credit cards or charge plates not returned to the other party shall be the sole and exclusive responsibility who charged the debt. Each agrees to hold the other harmless from any obligations or institution of suit commenced due to any charges made on the other parties card after the date of this Agreement. Any debts incurred on the credit cards or charge plates after the date of the execution of this Agreement shall be the sole and exclusive responsibility of the charging party who shall save harmless the other spouse from all obligations or institution of suit. It is acknowledged that during the course of the marriage the parties incurred certain credit card debts. The parities hereby agree to pay all oftheir outstanding credit card debt and become solely responsible therefore, and to hold each other harmless from any and all future obligations thereunder and agree that within the sixty (60) days ofthe entry into this Agreement, make arrangements to remove each other as a named credit card holder, from any and all credit cards. 5 - HUSBAND further agrees to transfer the sum of Six Thousand ($6,000.00) Dollars of WIFE'S individual credit card debt to one of HUSBAND'S credit cards of his choosing. 13. Equitable Distribution - General Considerations. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. '3502(a) of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for HUSBAND and the first marriage for WIFE; the age, health, station, amount and sources of income; contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical retirement, insurance or other benefits; the contribution or dissipation of each party, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 14. Equitable Distribution - Tax Consequence of Transfer of Propertv. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property 6 under this Agreement shall be in full satisfaction of all marital rights of the parties. The parties acknowledge that this Agreement has been negotiated based upon the assumption that the property transfers described herein come within the provisions of ~ 1041 of the Internal Revenue Code and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. To the extent that the transfer of any property pursuant to this Agreement results in a taxable event necessitating the payment of tax to the Internal Revenue Service, HUSBAND agrees that he shall be responsible for payment of such obligation. He specifically agrees that he shall indemnify and hold WIFE harmless for payment of such obligation. 15. Intended Tax Effect of Division ofProDertv. By this Agreement, the parties have intended to effectuate an equal division of their marital property. The parties have determined that such equal division conforms to a right and just standard with regard tot he rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 16. After-Acquired ProDertv. Each of the parties shall hereafter own and enjoy, 7 independently of any claim or right ofthe other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 17. Parties' Debts. The parties represent and warrant to each other that since separation, they have not incurred any debts or made any contracts other than for necessaries for which the other or the other party's estate may be liable. The parties shall not contract or incur any debt or liability for which the other spouses property or estate might be responsible and shall indemnify and save harmless the other spouse from any and all claims or demands made against he other spouse by reason of debts or obligations incurred by him or her, and in the event the other spouse shall, at any time hereafter, be obliged to pay any debt or debts incurred by him or her, thence, and in such case, the other spouse may deduct and retain the sums he or she may be obliged to payout of any future payments required to be made by him or her under this Agreement. III. SUPPORT: 18. Spousal Support: HUSBAND agrees to pay to WIFE the sum of Four Hundred ($400.00) Dollars, to be paid on the 1st day of the month, commencing April 1, 2006 for the next twelve (12) months, and ending April.1, 2007, which is to be the final payment of support to WIFE by HUSBAND. 8 IV. WAIVERS: 19. Waiver of Pennsvlvania Divorce Code Ril!hts. All property set apart herein either now or n the future as the separate property of either HUSBAND and WIFE and all property now owned by or titled to HUSBAND and WIFE individually or property acquired by HUSBAND and WIFE individually at any time after the execution of this Agreement shall remain the separate property of HUSBAND and WIFE and shall under no circumstances be considered as, or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a valid Agreement for the purpose of waiving the provisions concerning equitable distribution as that term is used in the Pennsylvania Divorce Code 1980, as amended. 20. Waiver of Maintenance. Both parties acknowledge that this Agreement sets forth their entire obligation for payment of spousal support, alimony pendente lite, temporary alimony or permanent alimony to the other spouse as those terms are defined in support and divorce legislation that now exists or may be created in the future. Unless specifically provided, each spouse waives their right to hereinafter file any action, or claim, to file for modification or otherwise seek income contribution from the other. 21. Release of Interest in Separate Assets. The parties hereto agree to waive any and all right to claim any interest or share in the separate assets retained by the other spouse. 9 22. Waiver of Claims Ae:ainst Estates and Mutual Release. Except as otherwise herein provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate ofthe other as a result ofthe marital relationship including, without limitation, dower, thirds, courtesy, allowance, widows allowance, homestead rights, right to take in intestacy, right to take against the will of the other, and right to act as administrator/executor of the others estate and each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. The parties waive and release any and all rights to the others estate, including the rights of set-off, any and all distributive shares and any and all rights of election provided for by the laws of this or any other state or jurisdiction. Each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, action, causes of action, or suits at law, or in equity, of any kind or nature, for or because of any matter or thing done, omitted or suffered to be done by said other party prior to and including the date hereof; the parties specifically waive any and all rights that they may have to equitable distribution of marital 10 property and/or alimony and counsel fees or any other marital rights as provided in the Pennsylvania Divorce Code, or any amendment. It is specifically acknowledged that the parties have secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their own comfort, maintenance and support, in the station oflife to which they are accustomed. v. CONTINUING RESPONSIBILITIES. 23. Additional Instruments. Each of the parties shall, from time to time, at the request of each other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. Nee:otiations. The parties acknowledge that they have had the full and complete opportunity during all of the negotiations of the terms of this Agreement to consult with counsel, and that each does enter into this Agreement with the full knowledge of all of the effects of the Agreement, recognizing that the terms and conditions represent a compromise by both parties from the positions previously espoused. The parties further acknowledge that this Agreement is the result of intense negotiations and both the short and long term effects of this Agreement have been explained to the parties and that they accept these terms and conditions based upon both the monetary considerations being paid herein, 11 the promise of the termination of litigation and the creation of a status quo for the purposes of reducing the likelihood of litigation in the future. 25. Filine: of Divorce with Affidavit of Consent. Not later than ninety-seven (97) days following the service ofthe Divorce Complaint, both HUSBAND and WIFE shall have executed an Affidavit consenting to the entry of a final Decree in divorce. Further, both parties shall execute a Waiver of Notice of Intention to Request Decree under' 3301(c) of the Divorce Code of 1980. a. HUSBAND shall cause the Affidavits and Waivers to be filed of record and the divorce finalized. b. The right to request counseling is hereby waived by the parties. VI. DISCLOSURES: 26. Full Disclosure of Assets. Each of the parties hereto acknowledges that he or she is aware of his or her right, to engage in discovery, including but not limited to written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and appraisements, income and expense statements, pre-trial statements, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each ofthe parties specifically waives his or her right to engage in such discovery or require the other party to file the requisite documents. Each party has made independent inquiry into the complete financial circumstances of the 12 other party and is fully informed ofthe income, assets, property and financial prospects of the other. Further, each party acknowledges they understand and specifically waive his or her right to have the estate and assets together with earnings and income ofthe other assessed or evaluated by the Court of this Commonwealth or any other Court of competent jurisdiction. Each party hereby acknowledges, recognizes and accepts that there has been disclosure to the other of his or her assets and liabilities and agrees that any rights of further disclosure, evaluation, enumeration or statement thereof in this Agreement is waived because the parties do not desire to make or append further enumeration or statements, Each party acknowledges that a claim based upon incomplete or improper financial disclosure may not be a basis for invalidating or changing any of the terms of this Agreement. VII. CLOSINGS: 27. Representation bv Counsel. The provisions ofthis Agreement and their legal affect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received or chose not to acknowledge independent legal advice from counsel of his or her selection and/or has been advised of his or her right to independent legal counsel; that each fully understands the facts and has been fully informed as to his or her legal rights and obligations if so chose to be informed; that each party acknowledges and accepts 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 13 . with such knowledge; 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. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Divorce Code of 1980. 28. Ae:reement not Predicated Upon Divorce. It is specifically understood and agreed by and between the parties hereto, and each of the said parties hereto represents to the other, that the execution and delivery of this Agreement is not predicated upon or made subject to any Agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action which has been or shall be instituted by the other party or from making any just or proper defense. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties, except as otherwise set forth specifically herein. 29. No Mere:er in Divorce. When either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. 30. Ae:reement to be Incorporated into Divorce Decree. The parties agree that 14 ~ the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter ofthis Agreement for the purpose of enforcement of any ofthe provisions thereof. 31. Non-Liabilitv of Escrow Ae:ents. It is understood and agreed by and between the parties hereto that the obligations of Griffith, Strickler, Lerman, Solymos & Calkins and Peter D. Solymos, Esquire, arising out of this Agreement shall be limited solely to paying over and/or delivering at the time or times and to the person or persons indicated in this Agreement, such sums of money, if any, or documents as may have been received by them in escrow. 32. Prior Ae:reement. It is understood and agreed that any and all Property Settlement Agreements which mayor have been executed prior to the date and time of this Agreement are null void and of no effect. 33. Subseauent Reconciliation. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations unless the parties otherwise specifically agree in writing. 34. Enforcement of Ae:reement. The parties agree that the following terms apply to the enforcement of their Agreement: a. Eauitv. It is expressly understood and agreed by and between the 15 . parties hereto that this Agreement may be specifically enforced by either HUSBAND and WIFE in equity, and the parties agree that if an action to enforce this Agreement is brought in Equity neither party will make an objection on the alleged ground of lack of jurisdiction of the Court because there is an adequate remedy at law. The parties do not intend or purport to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition ofthe general jurisdiction of Courts in Equity over Agreements such as this one. b. Action at Law. Notwithstanding anything to the contrary herein, HUSBAND and WIFE may also proceed with an action at law for redress of his or her rights under the terms ofthis Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. c. Costs. Expenses. and Fees. Each party hereby agrees to pay all attorney's fees, costs, damages or collateral expenses that the other spouse may sustain or incur in any way whatsoever as a consequence of any default or breach by the other spouse of any of the terms or provisions of this Agreement, providing that the party who seeks to recover such fees, costs, expenses and damages, clearly demonstrates that a breach has in fact occurred. It is the specific agreement and intent of the parties that breaching and wrong doing party shall bear the burden and obligation of any costs, expenses, damages and fees 16 ~ incurred by himself or herself, as well as the other party in endeavoring to protect, enforce and preserve his or her rights under this Agreement. Furthermore, although the parties acknowledge that Court intervention may be required to enforce this specific provision of the Property Settlement Agreement, the parties agree and acknowledge that it is not the intent of the parties that the Court in any way be entitled to determine whether or not the attorneys fees incurred by the non-defaulting party are in any way reasonable or to limit the attorneys fees awarded to reasonable attorneys fees. The parties acknowledge that the hourly rate charged by each of their counsel and counsel's paralegal at the time such breach occurs, is an appropriate rate for which they will be liable under this Paragraph. d. Code Provisions. For enforcement purposes of any terms of this Agreement, the parties specifically acknowledge that the February 12, 1988 amendments tot he Divorce Code of 1980 apply to this Agreement, including, but not limited to '3105 and '3502(e). The parties specifically acknowledge, however, that the application of the Amendments for purposes of enforcement do not entitle the Court to modifY the private terms of this Agreement as set forth in this Paragraph. Rather, they specifically affirm their concurrence to these terms. 35. Voluntarv Execution: The provisions of this Agreement and their legal effect have been fully explained to the parties by counsel and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 17 .. 36. Entire Ae:reement: This Agreement contains the entire understandings of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 37. Modification and Waiver:A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any ofthe provisions ofthis Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. Any waiver by either party of any provisions of this Agreement or any right or operation hereunder shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right or option and the failure of either party to insist in anyone or more instances upon the strict performance of any of the terms or provisions ofthis Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 38. Situs. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 39. Partial Invaliditv. 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 18 . . other respects, this Agreement shall continue in full force, effect, and operation. 40. Bindinl! Effect. Except as otherwise stated herein, all provisions of this Agreement shall be binding upon the respective heirs, next of kin, and personal representatives of the parties. 41. Triplicate Copies. The parties hereto agree that the within Agreement shall be executed by them in triplicate originals. IN WITNESS WHEREOF, the parties hereto, after full disclosure made, have signed, sealed and acknowledged this Agreement in triplicate (3) counterparts, each of which shall constitute an original. SIGNED, SEALED AND DELIVERED IN THE P NCE OF: ) / ' / I Witness' JOHN {p N Witness L~!~ The Remainder Of This Page Intentionally Left Blank 19 Ii . COMMONWEALTH 'PIENNSYL VANIA COUNTY OF SS My Commission Expires: , I ~'!Jnty , :100; I ,- .=-.-,=....~ \~jtaries F PENNSYLVANIA SS COUNTY OF/ ~ L. On t11/s the II day of personallyap ared ANGELA L. SIGLE to the within instrument, and acknowle contained. , 2006, before me, the undersigned officer, . own to me to be the person whose ~ is subscribed e that she execl!led the same for t purposes therein ..~' . IN WITNESS WHEREOF, I have hereunt ,',:.Ji.;}i.~-:j My Commission Expires: pds/dmk/sigler-psa 20 ,... ~ '.,. EXHIBIT" A" 1. The dog will be shared by the parties on dates and times to be mutually agreeable to the parties. 2. The Master Bedroom - Angela To Receive: a) beaded candle holders b) mIrror c) c.d. holder d) light on bedroom stand 3. The Family Room - Angela To Receive: a) all pictures / pottery b) c.d.'s c) clock 4. The Bathroom - Angela To Receive: a) assorted towels and washcloths 5. The Kitchen - Angela To Receive: a) wine and wine rack b) assorted cups and dishes 6. The Poker Room - Angela To Receive: a) 2 leather sitting benches 7. The Sitting Room - Angela To Receive: a) all pictures b) curtains c) 6- foot tall light 8. The Attic - Angela To Receive: a) her choice 9. The Basement - John To Receive: a) standing freezer 21 t~J :.~-":'f ::" "J (. :.<;: "" \~ o ""(1 :-:;:1 Fr;~ -'"2.;) :'t"""". l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN A. SIGLER, Civil Action - Law Plaintiff vs. No.: 2006-1289-CIVIL TERM ANGELA L. SIGLER, Defendant Divorce AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF YORK Before me, a Notary Public in and for said Commonwealth and County, personally appeared PETER D. SOLYMOS, ESQUIRE of the law firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, who being duly sworn according to law deposes and says that he caused to be served upon Angela L. Sigler, Defendant, a copy of the Complaint for No Fault Divorce by causing a copy of said Complaint to be placed in the mails of the United States, as per Pa.R.C.P. 440, addressed to Angela L. Sigler, 1125 Columbus Avenue, Apt. A, Lemoyne, PA 17043, service being effectuated on said Defendant on March 10, 2006, as evidenced by a copy of the Return of Service green card attached hereto. GRIFFITH, STRICKLER, LERMAN, SOL & LKINS BY: PET D. At orney Suprem ourt I.D. # 07475 110 South Northern Way ADAMS, Pennsylvania 17402 Telephone: (717) 757-7602 COMMONWEALTH OF PENNSYLVANIA D Notarial Seal "a~n M. F'Jehrkolb. Notary Public ~pnnget!sbury Twp.. York County My Coal1~.=~~:.:._ Ex pires OCl. 13, 2007 Member, PennsYlvan~A;;;~;;~iion of Notaries l 11 ?()()~ -10289 ftj/erv ~jler~ .--- (") c: s: ""0 OJ nlp-' 7'~f"; 6; ~~~ -.......... < ):.'"r) ~(:) C Z =< f'" ~'~ Ci'. \..C C' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN A. SIGLER * Plaintiff * v. * ANGELA L. SIGLER * Defendant * Civil Action Law Case No.: 2006-1289-CIVIL TERM Divorce AFFIDAVIT OF CONSENT UNDER 23 Pa. RC.P. 3301(c) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 03/07/2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Qf^ ~ A- JOHN . SIGLER 6 ~ -11-0(, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 divorce decree is entered by the Court, and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 904 relating to unswo falsification to authorities. g (){,-rl-Ov JOHN f'......." c::-;:) C:::::;,l c;r> C_ ("-- () -II \..C< 0'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN A. SIGLER * Civil Action Law Plaintiff * Case No.: 2006-1289-CIVIL TERM v. * ANGELA L. SIGLER * Divorce Defendant * AFFIDAVIT OF CONSENT UNDER 23 Pa. R.C.P. 3301(c) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 03/07/2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C S. ~4904 relating to unsworn falsification to authorities. ~ J O-ll-QLe WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 divorce decree is entered by the Court, and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C. . ~4904 relating to unsworn falsification to authorities. l ' ANGELA L SIGLER b {p - II ,- (:) 1.c ~; c:;::; cr> I..D -,~,--.. C~l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN A. SIGLER, Plaintiff Civil Action - Law vs. No.: 2006-1289-CIVIL TERM ANGELA L. SIGLER, Defendant Divorce To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a DivorCe Decree: 1. Ground for divorce: irretrievable breakdown under ('3301(c) of the Divorce Code. (strike out inapplicable section) Date and manner of service of the Complaint: 03/10/06 via restricted delivery, certified mail. 3. (Complete either paragraph (a) or (b)) (a) Date of execution of the affidavit of consent required by '3301(c) of the Divorce Code: by Plaintiff 06/11/06; by Defendant 06/11/06 (b) (1) Date of execution of the affidavit required by '3301 (d) of the Divorce Code: (2) (I) Date of filing of Plaintiff's affidavit upon respondent: (ii) Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: All claims settled pursuant to a Marriage Settlement Aqreement dated 05/19/2006, attached hereto made a part hereof and marked Exhibit "A", same shall be incorporated but not merqed with the divorce decree. 5. praecipe (Complete either paragraph (a) or (b)) (a) Date and manner of service of the notice of to transrni t record, a copy of which intention to file is attached: (b) Date Plaintiff's Waiver of Notice in '3301(c) Divorce was filed with the Prothonotary: simultaneously herewith. Date the Defendant's WaivBr of Notice in '3301(c) Divorce was filed with the Prothonotary: simultaneously herewith. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS , ESQUIRE laintiff erne Court I.D. # 07475 o South Northern Way ADAMS, Pennsylvania 17402 Telephone: (717) 757-7602 _J -n --I ~Ti I C c..'") CO ._,J -< Of. Of. 0f.0f. Of. 0f.0f. Of. 0f.0f.0f. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY '" '" '" STATE OF '" '" '" '" '" JOHN A. SIGLER ;f. '" '" '" VERSUS '" '" ANGELA L. SIGLER '" '" '" AND NOW, PENNA. ~O. 2006-1289-CIVIL TERM DECREE IN DIVORCE J \) \.. "( \~ , 'tCO~, IT IS ORDERED AND DECREED THAT JOHN A. SIGLER , PLAI NTI FF, AND ANGELA L. SIGLER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ;f. '" ;f. ;f. if. '" if. if. if. if. if. if. if. ;f. By TH ATTEST, ~ J. ~ PROTHONOTARY if. ;f. ;f. if. if."'''' if.;f."'if.;f.;f.if.;f.;t; if',f. ;t; ;t; ;t; ;t; ;t; ;f. ;t; ;t; ;t; ;t; ;t; ;t; ;t; ;t; ;t; ;t; ;t; if. if. ;f. ;f. if. ;f. ;t; if. if. ;t; if. if. ;t; ;t; -.::r~;J;; r~ ~ -#; /Ifr"'" ~ dJO.blL IP" ~ ~- ~, -P9 t?# 6/ .L -- .... \ ,. . ..It* ," ,. . ".. ...~....,