Loading...
HomeMy WebLinkAbout06-1740 Ricky A. Garman, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Bonita L. Garman , : NO. L? - OV6 CIVIL TERM Defendant : 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 if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 Ricky A. Garman, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Bonita L. Garman, Defendant CIVIL ACTION - LAW NO. Z,1, - /' )'/17 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Ricky A. Garman, an adult individual currently residing at 14 Church Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Bonita L. Garman, an adult individual currently residing at 2506 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 9, 1998 in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. submitted, dle ?ylJ. G ' ie, Esquire Attorney for laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: ] Z( C 2"11?4 - Ricky A. Garman, Plaintiff \.. `M\ `^` V? h ?^ \hf;? V A h ,. C?' t/\ C7 `\ ??- `\?` •n? \? (?, t ?`: ?yYy\ ?` ?I ??? ?. r-a r'7 ''i i ": .i . -? :11 ?.. r5 :? ^J ['1 L ?1. ?? ? Ricky A. Garman, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW Bonita L. Garman , NO. 06-1740 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Lindsey Baird, Esquire acknowledge that on or about t J !? - I received a copy of a Complaint in Divorce and Notice to Defendant and Claim Rights to Defendant in the above captioned action and acknowledge that I am authorized to do so on behalf of Bonita L. Garman. J sr ?'L ?h :<<? ? k_?c t ?? j ndsey Baird, quire 37 South Hanover Street Carlisle, PA 17013 c' ?; - = , _, t_, Ricky A. Garman, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW Bonita L. Garman, NO. 06-1740 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on March 25, 2006 and served on March 30, 2006, as indicated on Acceptance of Service. 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 THE FOREGOING 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: _ilJlL-`{ _ _)At_? CKY A. RMAN C= ? -? co Ricky A. Garman, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Bonita L. Garman, CIVIL ACTION -LAW NO. 06-1740 IN DIVORCE CIVIL TERM Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 THE FOREGOING 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: ,3, ? ??C) ? U -c^ ICKY A. G RMAN C Am w _ C3 5 C D . co RICKY A. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v BONITA L. GARMAN, Defendant NO. 06-1740 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE 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 March 24, 2006. 2. Defendant acknowledged receipt and accepted service of the Complaint on March 30, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably. broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 1 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. 1 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: Bonita L. Garman, Defendant W 5,Q CA Ricky A. Garman, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Bonita L. Garman , NO. 06-1740 CIVIL TERM Defendant 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 §3301(c) 3301(d)(1) of the Divot-ee Code (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on March 30, 2007. 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: 7/27/07 by Defendant: 7/16/07 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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 of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 27, 2007 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 16, 2007 riff ,Esquire E & SOCIATES Attorney s r Plaintiff c-a V-;S CD 1` _ G7) 66- 1 '7yv SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this 4P 6 day of b?wL , 2007, by and between Rick A. Garman, of 14 Church Road, Carlisle, Cumberland, Pennsylvania, 17013, party of the first part, hereinafter referred to as "Husband," AND Bonita L. Garman, of 2506 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, 17013, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on May 9, 1998, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 18-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 18-- the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for 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 or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. 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 Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of l,? 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties: the age, health, station, amount and sources of income, vocational shills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition 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 part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of 18-- 3.2 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 effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Propeto. Except as hereinafter set forth, the parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, furniture, appliances, guns, and other personal property; tangible and intangible, in their possession that they wish to have and retain from this time forward. Neither party shall make any claim whatsoever against the personal property in the other party's possession or assets in that other party's possession from the time of execution of this Agreement forward. The sole exceptions to the distribution of personal property are (1) Husband shall provide to Wife a certain 22 caliber rifle, which was purchased for Wife's son; Shawn; and (2) the refrigerator, stove and microwave shall pass with the sale of the real estate, whether it is through the refinancing by Husband or by sale to a third party purchaser for value. The exchange of the firearm shall take place contemporaneously with the execution of this Agreement and the transfer of the appliances shall pass at the time of the sale of the real estate or at the refinancing of the real estate mortgaged by Husband as provided in paragraph 3.6 hereinafter. 3.4 Life Insurance. The parties acknowledge that they have and shall retain sole ownership and possession of any life insurance policies presently owned in their name. Each party shall --Page 5 of 18-- have the right to borrow against cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies, free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 3.5 Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties are the joint owners of real estate located at 2506 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a Mortgage due and owing to Sovereign Mortgage Corporation. Husband shall refinance the mortgage on this property or secure an approved assumption of the mortgage, so as to remove wife as a liable party on the mortgage or to satisfy the joint mortgage and, thereby, extinguish wife's mortgage obligation. Contemporaneously with the assumption settlement or the refinancing settlement, Wife shall provide a signed, witnessed, and notarized Deed conveying all of her rights, title and interest in the property she has by special warranty Deed, to husband. At the time of the assumption settlement or refinancing settlement, and exchange of Deed, Husband shall distribute to Wife the sum of $25,000.00, without reduction. Wife shall vacate the premises prior to the assumption or refinancing settlement so that at the time of settlement, Husband be granted sole and exclusive ownership and possession of the property. --Page 6 of] 8-- It is acknowledged that Husband shall conclude the assumption settlement or refinancing settlement as described above within sixty (60) days of execution of this Agreement. In addition, Husband shall have the right to enter the property for inspection at a time to be agreed upon by the parties and counsel, within fourteen (14) days of the date of execution of this Agreement by both parties, and shall, again, have the right to do a pre-settlement inspection at any time within one (1) week of the assumption settlement or the refinancing settlement date. In the event that Husband is unable to secure refinancing or an assumption of the mortgage as hereinbefore described, the real estate shall be sold. Husband shall name three (3) realtors with three (3) different real estate firms and Wife shall select one of those realtors named for purposes of listing the property. The parties will then list the property with that selected realtor at the listing price recommended by the realtor. Thereafter, after listing, any offers that are made for the purchase of the property that are within ninety-five percent (95%) of the listing price, the parties must accept that offer and conduct a routine settlement accordingly for the transfer of the property. At the time of distribution of proceeds from sale through this procedure, the first $33,661.88 received after all fees are paid shall be distributed to Husband to compensate him for premarital funds paid on the purchase of the home. Thereafter, Husband shall receive the sum of $10,791.17 to equalize the equitable distribution of the marital assets. Thereafter, the remaining proceeds from sale shall be divided on a 50/50 basis between the parties. Pending the sale of the home in this manner, Wife shall be solely and exclusively responsible for payment of the mortgage on the property as long as she continues to reside at the home. She should indemnify Husband and hold him harmless from and against all collection --Page 7 of 18-- activities and demand for payment on account of the Sovereign Bank mortgage and shall otherwise be solely responsible for maintenance of the home. Following the refinancing of assumption settlement as described above or the sale and settlement of the real estate as described above, neither party shall make any claim of any nature whatsoever, one against the other relative to any additional interest or distribution relative to the ownership of the aforesaid real estate. 3.7 Pension, Retirement, Profit-Sharing. Wife waives, relinquishes or transfers any and all of her right, title and interest she has or may have in any retirement account held by Husband that Husband may have secured in his individual name or may have secured through his present or prior employment. This includes but is not limited to, three (3) IRA accounts held at Orrstown Bank in Husbands name alone. Husband hereby waives, relinquishes or transfers any and all of his right, title and interest he has or may in any retirement account held by Wife that Wife may have in her individual name or may have secured through her present or prior employment. This includes the ING Retrrment account secured by Wife through her employment with Turner Hydraulics. 3.8 Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 2002 F150 Ford pickup truck, which is titled in her name alone. In the event it is necessary, Husband shall execute the title of the vehicle within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel to Wife's name individually. Husband shall make no claim whatsoever relative to access to or use of the --Page 8 of 18-- aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of the parties' 2005 F350 Ford pickup truck and the 1995 Ford pickup truck, which were originally titled in the parties' name jointly. Wife shall execute the title to the vehicle within fifteen (15) days upon request to do so by Husband. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. There are encumbrances on both vehicles previously identified, that being Wife's 2002 F150 Ford pickup truck and Husband's 2005 F350 Ford pickup truck. Each party who has retained ownership and possession of their vehicle shall be solely and exclusively responsible for the encumbrance on that vehicle. Each party shall indemnify the other and hold them harmless from and against any and all demands for payment or collection activity relative to any encumbrance on the vehicle that they have retained. 3.9 Intangible Personal Proverb'. The parties have already divided their respective bank accounts, whether they be checking accounts, Christmas club accounts, savings accounts, vacation club account, or any other similar accounts of any nature whatsoever. From the date of execution of this Agreement forward neither party shall make any claim; one against the other, relative to any accounts retained by the other party. --Page 9 of 18-- 3.10 Garman Remodeling. The parties acknowledge that since prior to their marriage, Husband has operated a business known as Garman Remodeling. Wife makes no claim of any nature whatsoever relative to any interest in the business itself, or relative to any assets owned by the business or held by the business, including but not limited to vehicles, equipment, inventory tools, and other items. From the date of execution of this Agreement forward Wife shall make no claim of any nature whatsoever relative to any interest, legal recordable, in the aforesaid business. ARTICLE 11,7 DEBTS OF THE P.9RTIES 4.1 Each party shall retain sole and exclusive responsibility for any indebtedness of any nature whatsoever in their individual name. In addition, Wife shall retain sole and exclusive responsibility for payment of the Sears credit card account that she has been paying since the parties' separation. The Sears credit card shall be paid in full and closed on or before the date of refinancing of the real estate mortgage as provided hereinbefore in paragraph 3.6 or, in the alternative, shall be paid at the time of settlement on the sale of the real estate to a third part purchaser for value from Wife's proceeds. In the alternative, Wife can secure a credit card or similar account in her name alone so that the Sears credit card can be paid in full and any obligation Husband may have on the Sears credit card can be extinguished. --Pae 10 of 18-- C, 4.2 Each party represents to the other that except as is otherwise set forth herein, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties acknowledge that there is an Spousal Support Order entered through the Domestic Relations Section of the Court of Common Pleas of Cumberland County to PACSES number 859107945 and Docket number 00023 S 2006. Effective on the date of refinancing or the sale and settlement on sale of the former marital residence as described in Paragraph 3.6 above, the Spousal Support Order shall be terminated and vacated and all arrears shall be remitted. In the event that Husband does not accomplish the refinancing and acceptance of ownership of the property, but, rather, the property is sold pursuant to paragraph 3.6 above, Husband's Spousal Support Order shall be vacated at the time of final settlement of the sale of the real estate or at the time that wife ceases making payments on the mortgage obligation on the property. 5.2 The parties herein acknowledge that, except for the provisions otherwise set forth herein, they have each secured and maintained substantial and adequate funds with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the --Page 1 1 of 18-- station of life to which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may respectfully have against the other for alimony, alimony pendente lite, spousal support, and maintenance except as provided for herein. 5.3 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Bradley L. Griffie, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Lindsay D. Baird, Esquire. --Page 12 of 18-- 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against 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, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way 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 VVill; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or 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, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. --Page 13 of 18-- 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement 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. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. --Page 14 of 18-- 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the eXecution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Severabilih'. If any term, condition, clause, section, 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, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. --Page 15 of 18-- 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. --Page 16 of 18-- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. VdITNESSED BY: t) (o Date Date COMMONWEALTH OF PENNSYLVANIA COUNTY OF Coen k-e-r [a 4 RICKY A. GARMAN vC ?? BONITA L. GARMAN On this IU4-4* day of 2007, before me, the undersigned officer, personally appeared RICKY . GARAMN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. --Pare 17 of 18-- NOTARIAL SEAL TIFANY B FIELDS Notary Public FCAMMAS WROUGH, CUMBERLAND COUNTY ommission Expires Nov 3, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this 411 day of 'X' y. , 2007, before me, the undersigned officer, personally appeared BONITA L. GARMAN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?t<2C.YS?QI n-, ? ? ?LC I COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lindsay D. Baird, Notary Public Carlisle Boro, Cumbedand County My Commission Expires Oct. 21, 2010 Member, Pennsylvania Association of Notaries --Page 18 of 18-- W r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Ricky A. Garman Plaintiff NO. 06-1740 VERSUS Bonita L. Garman Defendant DECREE IN DIVORCE AND NOW, No Kok , 7,067, IT IS 'ORDERED AND DECREED THAT Ricky A. Garman PLAINTIFF AND Bonita L. Garman ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; The parties' Property Settlement Agreement entered into July 16, 2007 is incorporated herein, §ut not me BY THE COURT: ATTEST: ,, J. PROTHONOTARY 6:2. -,57/ RICKY A. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V BONITA L. GARMAN, Defendant NO. 06-1740 CIVIL TERM IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce on the day of u , 2007, hereby elects to resume the prior surname of Bonita L. Bottomley, and gives this written notice pursuant to the provisions of 54 P.S. § 704. DATE: ?. /& . Signature Signature of name being re ed COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On the /-?_ day of a«tL kl-t- , 2007, before me, a Notary Public, personally appeared the above ffiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. tary Public. r COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lindsay D. Baird, Notary Public Carlisle Boro, Cumberland County My Commission Fires Oct. 21, 2010 Member, Pennsylvania Association of Notaries x ?- o w o w F 4D r C?