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HomeMy WebLinkAbout06-1384 LYNN LEE HARBOLD, PLAINTIFF, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY ,PENNSYLVANIA :CIVIL ACTION - Or." I' ,,'4 c;.~ V, ROBIN HARBOLD, DEFENDANT. : CIVIL TERM : DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT, Ifyu 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 in divon:e 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 Jose money or property or other rights important to you, including custody of your children, When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at C;umberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION 01-' PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKETIDS PAPER TO YOUR LAWYER AT ONCE. IFYOU DO NOT HAVE A LAWYER OR CANNOT AFI-'ORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Lawyer RefelTal Service Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6200 - LYNN LEE HARBOLD, PLAINTIFF, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY,PENNSYL V ANIA :CIVIL ACTION _ () (.. - /3 f 'I G;;J 0~ V. ROBIN HARBOLD, DEFENDANT. : CIVIL TERM : DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is LYNN LEE HARBOLD who currently resides at 814 Heck Hill Road, Lewisberry, York County, Pennsylvania 2, Defendant is ROBIN HARBOLD who currently resides at 425 Arch Street, Mechanicsburg, Cumberland County, PennSylvania 3, Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on May 11,2000, in Camp Hill, Cumberland County, Pennsylvania. 5 One child was born of this marriage. 6. Neither Plaintiff nor Defendant is in the military or naval service of United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress ofl940 and its amendments. 7, There have been no prior actions of divorce or for annulment between parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, 10, Plaintiff requests the court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce, severing the bonds of matrimony between the parties. COUNT II 11. Plaintiff incorporates the allegations of paragraphs one (I) through ten (10) by reference as if set forth at length herein. 12. During the course of the marriage, the parties have acquired nwnerous items of property, both real and personal, which are held in joint names and in the individual names of the parties hereto. WHEREFORE, Plaintiff requests that this Court enter an Order for Equitable Distribution of property and debts between the parties. Respectfully submitted, /"4d" ;ta: rd, e Attorney lD o. 43 3344 Trindle Road Camp Hill, PA 17011 (717) 612-1660 Attorney for Plaintiff nooo. fia & 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,S 4904 relating to unsworn falsification to authorities, _II ./:.1',114//)// ~',tl/;r /:!~% ' !/ " ~ L',/' , /' ./ {... /fJ.1: . ,,;::----.... wU'e Harbold / p DATE: 3J{Jl~' / ,I (~" ~\ \::) ~ ~ -, --.l \..AI \JV """" --J <:::;;:,.. ~' <:::' ~. ~ 'C; ""- '"' ,-\ -, -I- __,," L.' ,-'-' {-'-' r -, LYNN LEE HARBOLD, PLAINTIFF, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY,PENNSYL VANIA :CIVILACTION- 0/,- /3S'f ~ (LA-- V, t~._) ROBIN HARBOLD, DEFENDANT. : CIVIL TERM : CUSTODY ::-J ':....: COMPLAINT FOR PRIMARY CUSTODY L Plaintiff is LYNN LEE HARBOLD who currently resides at 814 Heck Hill f'" Road, Lewisberry, York County, Pennsylvania 2. Defendant is ROBIN HARBOLD who currently resides at 425 South Arch Street, Mechanicsburg, Cumberland County, Pennsylvania 3. Plaintiff seeks custody of the following children: Name Present Residence Age Dustin Harbold 425 South Arch Street, 5 Mechanicsburg Ashley Harbold 425 South Arch Street, 9 Mechanicsburg Dustin was born to the marriage, Ashley was adopted by Plaintiff and is the biological daughter of Defendant. The children are presently in the physical custody of defendant mother, who resides at the address in paragraph 2 in Cumberland County, Pennsylvania and has resided in Mechanicsburg, Pennsylvania for the past 6 months. During the past five years, the children have resided with the following persons and at the following addresses: 1. February 06 10/05-2-06 425 South Arch Street, Mechanicsburg 711 Robert Street, Mechanicsburg Mother Mother, Father, MOM Virginia Cole MOF Jerry Cole Mother and Father Mother and Father Mother and Father Mother and Father 2/05-10-05 9/04-2/05 1/04-9/04 2000-2004 342 Spring Run Ct, Etters Front Street, Lewisberry Red Bank Road, Dover 3525 Chestnut Street, Camp Hill .. The mother of the children is Robin Harbold, Defendant, currently residing at the address in Paragraph 2. She is living separately from defendant. The father of the children is Lynn Lee Harbold, Plaintiff, currently residing at the address in Paragraph L He is living separately from plaintiff. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with his brother-in-law but will have a permanent residence by July 2006. 5. The relationship of the defendant to the children is that of mother. The plaintiff currently resides with the following persons: Ashley and Dustin Harbold 6. Plaintiff and defendant have not participated in any prior actions involving custody of these children. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of any person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the children, 7. The best interest and permanent welfare of the children will be served by granting plaintiff primary physical custody and legal custody of said minor children with periods of partial custody to mother. 8, Each parent whose parental rights to the children have not been terminated and the person who has physical custody ofthe children have been named as parties to this action. WHEREFORE, plaintiff respectfully requests your Honorable Court to grant primary physical and legal custody rights to plaintiff. RespectW1ly submitted, ./~.) ,. / i//, ' <~,~.... /~,-~rfy( sUSAN K. PICK D, ES 3344 Trindle Road Camp Hill, PAl 70 II Supreme Court ID # 43093 ... 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.g 4904 relating to unsworn falsification to authorities. DATE: ~))OIO~ , - LYNN LEE HARBOLD PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-1384 CIV1L ACTION LA W ROB1N HARBOLD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Friday, March] 7, 2006.~_ ___' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at MDJ Manlove's, 190] Stat!.St" Camp Hill, Pi\..!1\l.!1.. on Friday, April 28, 2006 , the conciliator, at 8:30 _AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court. and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds tor entry of a temporary or permanent order. The court herehy directs the parties to furnish any and all existing Protection from Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. GreeYli Esq. \ I rl\ Custody Conciliator -------r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of J 990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conterenc.e or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 J 7) 249-3) 66 ;;;~ ~;l1 /1J"-vn1 H?J 'J<J' /~cE .~/ 1 ~;' ~ -J<J)..<c.c' rIf~d fl"?' -17'7 t,#11"'? 'iV/c'.[ j~}rl j';\;r"\:) t S :8 t~d I;; H~vl SaUl Ah\ilCi:LQ;.,u.,CUd :}' 11 Jr' .",,~ (1- ru. ~J :::h)':::!;Y',,}-\. :=111.j - 0>" ~ ' , " vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-1384 CIVIL ACTION LAW LYNN L. HARBOLD, Plaintiff ROBIN HARBOLD, Defendant IN CHILD CUSTODY AND DIVORCE ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Defendant, Robin Harbold, in the above-captioned proceeding. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Dated:~1151 Oli y: Li da A. Clotfelter, Esquire torney 10 No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant 1 .-' . LYNN L. HARBOLD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 06-1384 CIVIL ACTION LAW ROBIN HARBOLD, Defendant IN CHILD CUSTODY AND DIVORCE CERTIFICATE OF SERVICE AND NOW, this I rJY1 day of April, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing ENTRY OF APPEARANCE was served upon the interested parties as follows: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, P A 17011 (Via first class mail and facsimile (717) 612-0375) Melissa P. Greevy, Esquire, Conciliator Johnson, Duffie, Stewart & Weidner P.O. Box 109 301 Market Street Lemoyne, P A 17043-0109 (Via first class mail) Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 2 ,---,.\ '."1 LYNN L. HARBOLD, JR. Plaintiff v, ROBIN J. HARBOLD, Defendant RECEIVED ~1AY ! 6 ~MI) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1384 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 28th day of April, 2006, the claims raised in Father's Complaint for Primary Custody are consolidated and addressed in Orders issued at Civil Docket No. 04- 3673. Edward E. Guido, J. Dist: c6da Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 t7san Pickford, Esquire, 3344 Trindle Road, Camp Hill. PA 17011 ~ D~ d1\o..' '\ \j\r~'9 f\L\SN\~3d 'I, i ~,\nrr' i"Jq\l\~\!"V"\ _.,\,. ",,! ,\\v 6'1 ;g ~~ G \ k ~l;\ qUU! AtN.\..ONQ\1.LC'dd 3\-U. ;\0 38\:130-0:\1\:\ LYNN L. HARBOLD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO:06-1384CMLACTIONLAW ROBIN HARBOLD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 13, 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 fmal decree of divorce after service of notice of intention to request entry of the decree. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made rn.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: t ~ \ d ~I 0(0 ~~~~ Robin Harbold, fendant !'-.) C) C-? <.:~~::> ~n 0" I 0:1 ,J ---."" >" C' , vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-1384 CIVIL ACTION LAW LYNN L. HARBOLD, Plaintiff ROBIN HARBOLD, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER" 3301 (C) OF THE DIVORCE CODE 1, I consent to the entry of a fInal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is fIled with the Prothonotary, I verify that the statements made in this affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, ~ 4904 relating to unsworn falsifIcation to authorities. Date:--kJ ()g / I' " 1->,~ ~~ Robin Harbold, fendant ,.--] -~f1 c_ -1 fke2? r-- , c...:; :u C::J -,,) o LYNN L. HARBOLD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. NO: 06-1384 CIVIL ACTION LAW ROBIN HARBOLD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 13, 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses ifl do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are, true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904, relating to unsworn falsification to authorities. Date: t!l/1()6 r-..;) % o~ 0" ~ - v::> ~ .-\ ~:Q , '\. ). \--.- <~-~\~.. ..,.-.1,,'"7') ..."",-.,'" ....;:> r--' .' o s:- () LYNN L. HARBOLD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. NO: 06-1384 CIVIL ACTION LAW ROBIN HARBOLD, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: (f;1ob o c ':f;;, ~ ~ ~\ c-) - ...0 o -(1 ~ -:r:-n rne. ~~f, ~(~) ~':.~~\ <~~ -.1 _ () /') ,~~ 0" (2\ 17 ~ -'CJ ::.t:: t"0 .' o :;:" . MARITAL SETTLEMENT AGREEMENT '1 THIS AGREEMENT, made this ~ day of ("fLit\. L I /l l t~ ' 200%, between ROBIN HARBOLD (hereinafter referred to as WIFE) and LYNN HARBOLD JR. (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 11, 2000 and. they are now separated within the meaning of the Pennsylvania Divorce Code; and WHEREAS, there are two children born of this marriage; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband has been represented in this proceeding by Susan Pickford, Esquire and Wife has been represented by Linda A. Clotfelter, Esquire. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any -1- improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remlse, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the person, property or estate of the other party which he or she now has or at any time hereafter may have against the other except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last -2- will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the -3- adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (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 decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter -4- required to be filed in any child support action or any other proceedings pursuant to an order of court. c. 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 specificall y ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner, which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a 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 under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEHICLE. The parties specifically acknowledge herein that they ^ purchased a 2000 Dodge Dakota pickup truck during the marriage that is titled jointly. It -5- is also acknowledge that the vehicle is presently encumbered by an automobile loan with Wells Fargo Financial. The parties specifically agree that Husband shall retain exclusive .J.. use and ownership of the 2000 Dodge Dakota pickup truck, and he shall fully and solely responsible for any and all financial or other obligations associated with the vehicle and he agrees to indemnify and hold Wife harmless from any and all liability for same. Husband further promises to pay in a timely manner any and all loan payments for the vehicle until Wife is released from liability for the loan secured by that vehicle. At the time of Wife's release from liability for the secured loan, Wife shall execute that title of the vehicle to effectuate the transfer as herein paragraph as provided. It is the true and specific intent of the parties herein to permit husband exclusive use and ownership of the vehicle in exchange for Husband's agreement to completely indemnify and hold harmless wife from any liability related to the vehicle. If any claim, action or proceedings is here after initiated seeking to hold Wife liable for the debt or any other obligations assumed by Husband under this agreement, Husband will, at his sole expense, defend Wife against such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or liability resulting therefrom, including, but not limited to cost of court and actual attorney fees incurred by Wife in connection therewith. The parties acknowledge that the vehicle presently within Wife's possession is a non-marital asset purchased after the parties separated. Wife shall be solely responsible for said vehicle and shall hold Husband harmless from any and all liability for same. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties have previously divided between themselves their household and personal property upon mutual agreement. -6- Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this Paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or as per the time limitations described, above, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. C. PENSION. PROFIT -SHARING. RETIREMENT. OR OTHER PLANS RELATED TO EMPLOYMENT. The parties acknowledge that Wife has no pensions, no profit-sharing accounts, no other retirement accounts related to current or former employment or otherwise, while Husband has a retirement account through a prior employer. It is the parties specific intent that each party shall retain any and all retirement accounts in his or her name acquired or initiated before or after the date of execution of this Marital Settlement Agreement and the other party respectfully waives any right, income or title right, claim, title or interest in any profit-sharing, retirement, or other employment-related or retirement plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured.. As per the terms of this paragraph, that party shall be solely liable for any and all -7- taxes and penalties resulting from that withdrawal. D. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS AND INVESTMENT ACCOUNTS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts, investment accounts, and other similar accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. E. REAL ESTATE. The parties acknowledge that they no longer own the marital real estate. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. Marital Debt. During the course of the marriage, Husband and Wife have incurred cer~in bills and obligations. The parties acknowledge that the automobile loan for the 200)! Dodge Dakota pickup truck remains in joint names. However, upon information and belief the other debts have been distributed to the parties to their mutual satisfaction. b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. -8- c. Wife's debts: Wife shall be solely responsible for any and all general debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. d. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. Retirement Funds: Any and all taxes resulting from his withdrawal of funds from her Retirement Plans as referenced in Paragraph 7(C) herein; 206'2. 2. Automobile Loan: the loan secured by the ~ Dodge Dakota pickup truck that husband is retaining he shall hold Wife harmless for same. 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. e. Indemnification: Each party agrees to hold the other harmless from any and all liability, which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. f. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts, which provide for joint liability. g. Non-Disclosed 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. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to be responsible for there own attorney's fees and costs incurred with respect to the negotiation and drafting of this marital settlement Agreement and the divorce proceedings related thereto. 10. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND -9- , . EXPENSES. Both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 11. DIVORCE. A Complaint in Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Civil Docket No. 2006 CV 1384 DV, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 330l(c) of the Divorce Code immediately upon request when the ninety (90) day waiting period has expired. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. -10- . . 13. RECONCILIATION. Notwithstanding reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 14. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the -11- . . Agreement. 16. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. Divorce Code Remedies: The right to all remedies set forth in Section 3502( e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 789 3502( e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or -12- 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 attorney's 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 rendere.d. 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. 19. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 20. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 21. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 23. WARRANTY. Husband and Wife again acknowledge that they have each read -13- . . and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 25. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: 4/ 4p7/ ''Roeur1i ~~1 ~Q ROBIN HAR OLD 1.1~~d, If. tU.c. -14- (") r--~ r'"' ~,_.J c_ -.,.-' ." ~. .. >*' At'-... ~ .-1 ~p3. ,-r1 '~? () ~ ' "\~l. ~) ','n !''''''.) N - r.......) \,t) LYNN LEE HARBOLD, PLAINTIFF, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY,PENNSYL VANIA :CML ACTION - V. ROBIN HARBOLD, DEFENDANT. : CIVIL TERM : DIVORCE ACKNOWLEDGMENTOFSER~CE The undersigned, Robin Harbold, does hereby personally accept service of the Complaint in Divorce filed at the caption and number set forth above. () \ ~Iolo Date K~C)~/t're~ Robin Harbold (') ~~ r--.:> ~J c:::::J --J C- o ~i1 ~~ ~- N N \",.) -+="' \,j:) LYNN L. HARBOLD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. NO: 06-1384 CIVIL ACTION LAW ROBIN HARBOLD, Defendant IN CHILD CUSTODY AND DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on March 13, 2006. 3. Date and manner of Service: Acceptance of Service of Defendant executed March 18, 2006, and filed concurrently with Praecipe of Transmit. 4. Plaintiffs Affidavit of Consent was executed by the Plaintiff on December 18, 2006 and filed on December 19, 2006. Defendant's Affidavit of Consent was executed on June 28, 2006, and filed on July 3, 2006. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on December 18,2006, and said Waiver was filed on December 19,2006. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on June 28, 2006, and said Waiver was filed on July 3, 2006. 6. There are no related claims pending. The parties resolved the economic issues by written Marital Settlement Agreement dated January 7, 2007, which shall be incorporated but not merged into the divorce decree as per Paragraph 14 on page ll. Respectfully submitted, LAW FIRM OF LINDA A. Clotfelter Date: I J 15/ 0 '7 , inda A. Clotfelter, Esquire ttomey J.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 (Telephone) (717) 796-1933 (Facsimile) N ?3 ,..-, ~ N N v::> ,. + PROTHONOTARY + ,. ,. ,. ~ ~;+;'+ IN THE COURT OF COMMON PLEAS ~ OFCUMBERLANDCOUNTY ~ PENNA. STATE OF LYNN L. HARBOLD. 06-1384 CNIL Plaintiff No. VERSUS ROBIN HARBOLD. Defendant ~ !Ii DECREE IN DIVORCE c% 1(;:5') J4 "" · ~v *Q J" LYNN L. HARBOLD 2007 AND NOW, , IT IS ORDERED AND DECREED THAT , PLAINTIFF, ROBIN HARBOLD AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. !Ii '" '" 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; !Ii The terms of the parties' Marital Settlement Agreement dated January 7, 2007, shall be incorporated !I' ;I' !I' ;I' herein but not merged as per Paragraph 14 on Page e r the purpose of enforcement, only. !Ii !Ii !Ii+~+ !Ii !Ii !Ii ,. ATTEST: '" " ,. " ,. :I; '" ,. + ;I' ;I' .. 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