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HomeMy WebLinkAbout06-1987KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast. net LYDIA B. HOUDESHELL Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O(o NO L CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast.net LYDIA B. HOUDESHELL Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0(a - IW7 CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ftomcast. net LYDIA B. HOUDESHELL Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0` - I4P7 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LYDIA B. HOUDESHELL, by and through her attorney, SHANE B. KOPE, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is LYDIA B. HOUDESHELL, an adult individual who currently resides at 407D Beaver Ave., Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant is GREGORY E. HOUDESHELL, an adult individual who currently resides at 804 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 13, 2004 in Chincoteague, VA. 5. The Parties separated on September 4, 2005 when Defendant left the marital home. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as Specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301 (a) (6) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, so as to render Plaintiffs condition intolerable and life burdensome. 19. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (a) (6) of the Divorce Code. COUNT IV REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 (a) OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 21. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 22. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 23. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. Respectfully Submitted, KOPE & ASSOCIATES Dated: y/3/dG Shane B. Kope Esq. VERIFICATION I, Lydia Houdeshell, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: "631 0(s e¢ 2[e V- X.? Lydi oudeshel V?-+ O vpp t'' C ?G I O V -' r_ t KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ilcomcast.net LYDIA HOUDESHELL Plaintiff, vs. GREGORY HOUDESHELL, Defendant. Attorney for Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this 14th day of April, 2006, 1 served a true and correct copy of the foregoing Complaint in Divorce via certified restricted and regular U.S. First Class mail, postage prepaid, addressed as follows: Gregory Houdeshell 804 Erford Road Camp Hill, PA 17011 KOP TES ShanLP_KoRe&Aq- I. D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Plaintiff) KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com LYDIA B. HOUDESHELL Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Lesley J. Beam, Esq, of Kope & Associates, LLC of 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the Plaintiff, Lydia B. Houdeshell in connection with the above-captioned divorce action. Respectfully Submitted, oar, 13106 BY: /1.r j0Gv 1 '-/ - Lesley . earn, Esquire ID# 9 17 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com Attorney for Plaintiff LYDIA B. HOUDESHELL Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 18th day of September, 2006, 1 served a true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Gregory Houdeshell 804 ErFord Road Camp Hill, PA 17011 KOPE & AjjSOCIAjTES, LLC By: J.)Bgam, Esq. 1. D. 91'75 L 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 rn C") 1701 ? •-^- - ? rrs NJ rn ^C G.3 •s r KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamAkopelaw.com LYDIA B. HOUDESHELL Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, LYDIA B. HOUDESHELL, moves this court to appoint a Master with respect to the following claims: Equitable Distribution of Marital Property and in support of her motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. Defendant, Gregory E. Houdeshell, is not represented by counsel in this action. 3. The statutory grounds for divorce in this matter are those set forth in section 3301 (C) of the Divorce Code. 4. The action is contested with respect to Plaintiff's claims for equitable distribution of the parties' marital property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. r WHEREFORE, Plaintiff, Lydia B. Houdeshell, respectfully requests that the court appoint a master with respect to her claim for Equitable Distribution of Marital Property. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: s v Lesley p. Beam, Esquire Attor v fo Plaintiff Dated: AP KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbearnAkopelaw.com Attorney for Plaintiff LYDIA B. HOUDESHELL Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 : CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 29th day of September, 2006, 1 served a true and correct copy of the foregoing Motion to Appoint a Master via regular U.S. First Class mail, postage prepaid, addressed as follows: Gregory Houdeshell 804 Erford Road Camp Hill, PA 17011 KOPE & ASSOCIATES, LLC By: y _- ._._- e le J. ea , Esq. I. D. 9117-9 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 VERIFICATION I, Lydia Houdeshell, the Plaintiff in this matter, have read the foregoing Motion for Appointment of a Master. I verify that my averments in this Motion are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: Z L- &YS6 Ad Lydi ' oudeshell ? ?? ?? .? r?:`? {.? ? '1? ~-? --r~ ? _ t ? _ S ? 3?? ?? ,i ''"' k i ? ?? M ,N ? 4 ?? „ KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast,net ?ls ? ?? as r'?t<<? LYDIA B. HOUDESHELL Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE ORDER 1964 AND NOW, this day of ?ta'&tJ , 2006, -Lf?o 6Ei 7- d-l< 6?Z , Esquire, is appointed mfter with respect to the following claims: Equitable Distribution. By the Court: ? r ?r r KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamAkopelaw.com LYDIA B. HOUDESHELL Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF LYDIA HOUDESHELL PART I. INCOME A. EMPLOYMENT INFORMATION EMPLOYER TRI-STAR TEMPS, INC. ADDRESS POSITION TEMP-BOOKKEEPING PAY PERIOD NO JOBS ASSIGNED AT THIS TIME - CAN ONLY WORK 16/WEEK A B. EMPLOYMENT INCOME: DESCRIPTION WIFE Month) HUSBAND Gross Pay Per Pay Period $1,001.60 Social Security $378.70 Child Support $350.00 Spousal Support FICA Medicare Federal Tax State Tax Local Tax PA Unemployment Mandatory Retirement SUBTOTAL Dependant Life Enhanced Medical Pre Tax Dental Pre Tax Vision Supplemental Life Group Term Life 401K NET INCOME PER PAY PERIOD NET PAY PER MONTH $1,730.30 A,. C. EXPENSES: DESCRIPTION WIFE HUSBAND HOME EXPENSES Rent $565.00 First Mortgage Second Mortgage/Home Equity Loan Maintenance and Repairs Electric $124.00 Gas Oil Telephone $78.00 Water Sewer Cable $41.00 EMPLOYMENT Public Transportation Lunches Other Employment Expenses TAXES Real Estate Taxes Personal Property Incomes Taxes Not Withheld Per Capita/Occupation Taxes INSURANCE Homeowners Insurance $30.00 DESCRIPTION WIFE HUSBAND Automobile Insurance $63.00 Accident Insurance Health Insurance $88.50 Prescription Benefit $58.40 AUTOMOBILE EXPENSES Payments $243.47 Fuel $60.00 Maintenance and Repair $64.49 License and Registration $3.08 MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE Doctor $110.00 Optical Dental Orthodontic $135.00 Hospital Medicine $200.00 Special Needs/Thera $135.00 EDUCATIONAL EXPENSES Private School Parochial School Colle eNocational Religious Training or Education DESCRIPTION WIFE HUSBAND PERSSONAL EXPENSES Clothing Food $150.00 Barber/Hairdresser $50.00 Memberships Other Personal Expenses MISCELLANEOUS EXPENSES Household Help Child Care Newspaper/Magazine/Books Entertainment Pa TV Vacations Gifts Le al Fees $116.00 Charitable Contributions Daughter's Dance Lessons $85.00 Other Spousal Support Other Laundry TOTAL EXPENSES $2,399.94 VERIFICATION I, Lydia Houdeshell, the Plaintiff in this matter, have read the foregoing Income and Expense Statement. I verify that my statements are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: Ly Houdeshell 'CJ vi t 'i E..% r ? Cs'3 KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com LYDIA B. HOUDESHELL, Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on April 6, 2006. 2. The Complaint was served by Certified Mail signed by Gregory E. Houdeshell on April 26, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: 7 _ LL 4VA?'& Lydi B. Houdeshell cnl? C) i c? = KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com LYDIA B. HOUDESHELL, Plaintiff, VS. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 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. 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 author'ties Date: --4J Cg tl L y- a B. Houdeshell h.Z . ?' PT KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com LYDIA B. HOUDESHELL, Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on April 6, 2006. 2. The Complaint was served by Certified Mail signed by Gregory E. Houdeshell on April 26, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: 1 regory E. Houdes hell CIL KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com LYDIA B. HOUDESHELL, Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 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. 3. 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. 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 authoritie. , Date: regoryE. Houdeshell `? ? C? ?,- _.,.? L 4 ?J _ c„_ Fv,.. ..r- .-...? ?,, -. . .,-yp - '? ? (,.? ?_. •--k ' KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com LYDIA B. HOUDESHELL, Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Lydia B. Houdeshell of Cumberland County, Pennsylvania ("Wife") and Gregory E. Houdeshell of Cumberland County, Pennsylvania ("Husband"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on July 13, 2004, in Chincoteague, Virginia; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23. Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. 5.03. Date of Distribution. Except as defined in Paragraph 8.5 of this Agreement, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 2 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Wife previously filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2006, No. 06-61987, seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. The parties shall promptly file the affidavits required to obtain a divorce pursuant to Section 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to Section 3301(c) of the Domestic Relations Code is entered as soon as possible/within one (1) month, but in any event not later than two (2) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Wife shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Husband want a certified copy of the final divorce decree, Husband shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in this Paragraph (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 3 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Wife has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC. Husband has chosen not to retain legal counsel and Husband has chosen instead to negotiate directly with Wife and Wife's counsel, notwithstanding the fact that counsel for Wife has advised him that he has an absolute right to be represented by counsel. Husband hereby acknowledges that he has done so willingly. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each 4 party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6 16.5 NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION 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. 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. 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. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration 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 rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching 7 party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property, The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property currently in the possession of Wife. Specifically, Wife will retain possession of the washer, dryer and freezer. 2. To Husband: All items of personal property currently in the possession of Husband. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: All vehicles currently in possession of Wife, specifically a 2006 Hyundai Elantra. 2. To Husband: All vehicles currently in possession of Husband, specifically a 1988 GMC Jimmy. C. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Husband: a. Any and all funds already distributed, as of the date of execution of this agreement, to accounts held solely in his name, except that Husband will make a total monetary distribution in the amount of four thousand, seven hundred and twenty-seven dollars and twenty-five cents ($4,727.25) to Wife as detailed immediately below. 2. To Wife: a. Any and all funds already distributed, as of the date 9 execution of this agreement, to accounts held solely in her name, constituting all remaining funds. b. Further, Wife will receive an additional monetary distribution from Husband in the amount of four thousand, seven hundred and twenty-seven dollars and twenty-five cents ($4,727.25), to be considered as compensation/distribution for the following: $1,323.00 for compensation for COBRA medical payments, $1,569 for distribution of the marital portion of Husband's pension, $305.25 for fees, $1,150 for compensation for Wife's legal fees, and $380 for payments made by Wife for Husband's M&T Loan after separation. This distribution will be paid by Husband to Wife in the amount of $300 per month, to be paid on the 1st day of every month, with the first payment due and payable on September 1, 2007, until the total amount is paid in full. Under this payment schedule, Husband will make 15 full monthly payments and a 16th payment in the amount of $227.25. Under this payment schedule, Husband's final payment under this disbursement shall be no later than December 1, 2008. D. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. E. Life Insurance: Should there be any life insurance policies taken out under either party's name, said life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: a. Any and all funds currently held in retirement plans under Wife's name only. b. Wife will receive a cash payout from Husband as consideration for a portion of Husband's pension earned during the 10 marriage, said pension being the Commonwealth pf Pennsylvania Deferred Compensation Program. This cash payout is included and accounted for in Paragraph 21 C. 2. To Husband: a. Any and all funds currently held in retirement plans under Husband's name only. G. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: A. Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: A. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. B. $5,000 Loan at M&T Bank: November 21, 2006, the remaining balance on this loan was $2,604.79. As of the date of execution of this Agreement, there is still a remaining balance on this loan. Husband hereby agrees to make timely payments on this amount as required under the terms of the loan until the loan is paid in full. Should Husband default on a payment, fail to pay an installment on time, or fail to pay the amount in full, thus affecting Wife's credit history, Husband will be liable to the Wife for a penalty of 100% of the amount of the payment. This penalty shall be paid per instance of his delinquency. Should Husband refinance the loan in his name only, the penalty portion of this paragraph will cease to apply. Husband will take all necessary steps to refinance this loan within one year from the execution of this Agreement. Husband shall also reimburse Wife for the monies she has already paid to this loan; said amount is included and accounted for in Paragraph 21 C. C. Education Loans: Currently, Husband has accumulated debt in the form of education loans, said debt at the time of this Agreement being approximately $20,000 or more. Husband hereby agrees to make timely payments on this amount as required under the terms of the loan until the loan is paid in full. 11 Should Husband default on a payment, fail to pay an installment on time, or fail to pay the amount in full, thus affecting Wife's credit history, Husband will be liable to the Wife for a penalty of 100% of the amount of the payment. This penalty shall be paid per instance of his delinquency. Should Husband refinance the loan in his name only, the penalty portion of this paragraph will cease to apply. Husband will take all necessary steps to refinance this loan within one year from the execution of this Agreement. H. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle currently lies. Title for said vehicles should be in the name of the party with whom custody of the vehicle lies at this time. Should any such vehicle be held in title by both parties, the party without rights to the vehicle under this Agreement shall take all steps practicable to transfer title of the vehicle into the name of the party with rights to the vehicle under this Agreement. Any such title transfer of a vehicle will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving full title of the vehicle. 23. MEDICAL, DENTAL, VISION, PSYCHOLOGICAL AND PSYCHIATRIC CARE AND PRESCRIPTIONS FOR WIFE AND HUSBAND. 23.1. Insurance. Neither party is carrying held insurance for the benefit of another. No party shall be responsible for the costs of health care coverage of the other party after this time. Wife will receive a cash payout from Husband as consideration for her COBRA payments incurred after separation and prior to the execution of this Agreement; this cash payout is included and accounted for in Paragraph 21C. 24. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and 12 equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than fifteen (15) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. 1. Non-Disclosed Liability: Any liability not disclosed in this Agreement 13 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. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION 111 COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 25. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses, except that Husband shall pay Wife a cash distribution in consideration of her filing fees and counsel fees in this matter; this cash payout is included and accounted for in Paragraph 21 C. 26. ALIMONY, APL, AND SUPPORT. The parties acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves financial resources for their maintenance and support. The parties acknowledge that the cost of living may increase or decrease, that their respective estates may increase or decrease in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. From the execution date of this Agreement it shall be the 14 sole responsibility of each party to sustain himself or herself without seeking any support from the other. Spousal support shall terminate effective the date of entry of a Decree in Divorce. The parties shall promptly execute such documents as are required in the Domestic Relations Order to vacate the spousal support Order and effectuate this provision. SECTION IV CLOSING PROVISIONS AND EXECUTION 27. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 28. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 29. 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 binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WIT ESS: W' 1?' L' ?1 L (SEAL) Ly a B. Houdeshell Date: ©? AL 17 Gregory E. Houdeshell Date:-1 15 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF C On this, the dayof 2007, before me, a Notary Public, the undersigned officer, personally appearAhydia B. Houdeshell, known to me (or satisfac torily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Y Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public• G. COMMONWEALTH OF PENNSYLVANIA )? 0 VN' . j ) SS: M WNowXy TOWN?ONOUGH COUNTY OF OuNt-BERhANO ) CUMN COUNTOct Y 4 On this, the 154- day of ()Olaf USA , 2007, before me, a Notary Public, the undersigned officer, personally appear Gregory E. Houdeshell, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement, Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary 16 ' r t s ? 1 "OWN oow? LYDIA B. HOUDESHELL, Plaintiff VS. GREGORY E. HOUDESHELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 1987 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of otj t1aA , 1 "1-4 P , 2007, the economic claims raised in the proceeding having been resolved in accordance with a marital separation agreement dated August 15, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, (C7?iwoo'?u Edgar . Bayley, P.J. cc: sley J. Beam Attorney for Plaintiff gory E. Houdeshel Defendant cv Lr) LLJ L t" L KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 {beam@kopelaw.com LYDIA B. HOUDESHELL, Plaintiff, vs. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1987 : CIVIL ACTION - LAW : IN DIVORCE Fn MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Lydia B. Houdeshell of Cr berg gnd County, Pennsylvania ("Wife") and Gregory E. Houdeshell of Cumberian Coamty, Pennsylvania ("Husband"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on July 13, 2004, in Chincoteague, Virginia; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to,the settling of all-interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: a) the past, present and future support, alimony pendente life, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 1 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: SECTION 1 GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A.. Title 23. Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. 5.03. Date of Distribution. Except as defined' in Paragraph 8.5 of this Agreement, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate `courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Intemal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Intemal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 2 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Wife previously filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2006, No. 06-61987, seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. The parties shall promptly file the affidavits required to obtain a divorce pursuant to Section 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to Section 3301(c) of the Domestic Relations Code is entered as soon as possible/within one (1) month, but in any event not later than two (2) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Wife shall be responsible for the prompt filing of the Praecipe to Transmit the Record. and the related required documents. Should Husband want a certified copy of the final divorce decree, Husband shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in this Paragraph (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 3 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Wife has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC. Husband has chosen not to retain legal counsel and Husband has chosen instead to negotiate directly with Wife and Wife's counsel, notwithstanding the fact that counsel for Wife has advised him that he has an absolute right to be represented by counsel. Husband hereby acknowledges that he has done so willingly. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement, and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente Iite, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10,.FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each 4 party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery-to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' ` respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether 5 arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6 16.5 NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION 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. 18: BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. 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. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration 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 rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching 7 party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income taxis proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records:> Each party will keep and preserve for a period of three (3) years from the date of their divorce. all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation.. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms. hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital `assets and debts. It is further the intent, understanding and agreement 8 of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, nags, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property currently in the possession of Wife. Specifically, Wife will retain possession of the washer, dryer and freezer. 2. To Husband: All items of personal property currently in the possession of Husband. B. VehicleMand Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: All vehicles currently in possession of Wife, specifically a 2006 Hyundai Elantra. 2. To Husband: All vehicles currently in possession of Husband, specifically a 1988 GMC Jimmy. C. Monetary Distributions: All funds in joint and separate accounts, including but :not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Husband: a. Any and all funds already distributed, as of the date of execution of this agreement, to accounts held solely in his name, except that Husband will make a total monetary distribution in the amount of four thousand, seven hundred and twenty-seven dollars and twenty-five cents ($4,727.25) to Me as detailed immediately below. 2. To Wife: a. Any and all funds already distributed, as of the date 9 execution of this agreement, to accounts held solely in her name, constituting all remaining funds. b. Further, Wife will receive an additional monetary distribution from Husband in the amount of four thousand, seven hundred and twenty-seven dollars and twenty-five cents ($4,727.25), to be considered as compensation/distribution for the following: $1,323.00 for compensation for COBRA medical payments, $1,569 for distribution of the marital portion of Husband's pension, $305.25 for fees, $1,150 for compensation for Wife's legal fees, and $380 for payments made by Wife for Husband's M&T Loan after separation. This distribution will be paid by Husband to Wife In the amount of $300 per month, to be paid on the 1st day of every month, with the first payment due and payable on September 1, 2007, until the total amount Is paid in full. Under this payment schedule, Husband will make, 15 full monthly payments and a 16th payment in the amount of $227.25. Under this payment schedule, Husband's final payment under this disbursement shall be no later than December 1, 2008. D. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. E. Life Insurance: Should there be any life insurance policies taken out under either party's name, said life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, 'Profit 'Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. - To Wife: a. Any and all funds currently held in retirement plans under Wife's name only. b. Wife will receive a cash payout from Husband as consideration for a portion of Husband's pension earned during the 10 marriage, said pension being the Commonwealth pf Pennsylvania Deferred Compensation Program. This cash payout is included and accounted for in Paragraph 21 C. 2. To Husband: a. Any and all funds currently held in retirement plans under Husband's name only. G. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: A. Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: A. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. B. $5,000 Loan at M&T Bank: November 21, 2006, the remaining balance on this loan was $2,604.79. As of the date of execution of this Agreement, there is still a remaining balance on this loan. Husband hereby agrees to make timely payments on this amount as required under the terms of the loan until the loan is paid in full. Should Husband default on a payment, fail to pay an installment on time, or fail to pay the amount In full, thus affecting Wife's credit history, Husband will_be liable to the Wife for a penalty of 100% of the amount of the payment. This penalty shall be paid per instance of his delinquency. Should Husband refinance the loan in his name only, the penalty portion of this paragraph will cease to apply. Husband will take all necessary steps to refinance this loan within one year from the execution of this Agreement. Husband shall also reimburse Wife for the monies she has already paid to this loan; said amount is included and accounted for in Paragraph 21 C. C. Education Loans: Currently, Husband has accumulated debt in the form of education loans, said debt at the time of this Agreement being approximately $20,000 or more. Husband hereby agrees to make timely payments on this amount as required under the terms of the loan until the loan is paid in full 11 Should Husband default on a payment, fail to pay an installment on time, or fail to pay the amount in full, thus affecting Wife's credit history, Husband will be liable to the Wife for a penalty of 100% of the amount of the payment. This penalty shall be paid per instance of his delinquency. Should Husband refinance the loan in his name only, the penalty portion of this paragraph will cease to apply. Husband will take all necessary steps to refinance this loan within one year from the execution of this Agreement. H. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle currently lies. Title for said vehicles should be in the name of the party with whom custody of the vehicle. lies at this time. Should any such vehicle be held in title by both parties, the party without rights to the vehicle under this Agreement shall take all steps practicable to transfer title of the vehicle into the name of the party with rights to the vehicle under this Agreement. Any such title transfer of a vehicle will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving full title of the vehicle. 23 23.1. Insurance. Neither party is carrying held insurance for the benefit of another. No party shall be responsible for the costs of health care coverage of the other party after this time. Wife will receive a cash payout from Husband as consideration for her COBRA payments incurred after separation and prior to the execution of this Agreement; this cash payout is included and accounted for in Paragraph 21 C. 24. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and 12 equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than fifteen (15) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and` shall be solely responsible and liable therefore. F. Debt Balances. and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Non-Disclosed Liability: Any liability not disclosed in this Agreement 13 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. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL. AND ALIMONY 23. WAIVER COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses, except that Husband shall pay Wife a cash distribution in consideration of her filing fees and counsel fees in this matter, this cash payout is included and accounted for in Paragraph 21C. 26. ALIMONY, APL, AND SUPPORT. The parties acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves financial resources for their maintenance and support. The parties acknowledge that the cost of living may increase or decrease, that their respective estates may increase or decrease in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. From the execution date of this Agreement it shall be the 14 sole responsibility of each party to sustain himself or herself without seeking any support from the other. Spousal support shall terminate effective the date of entry of a Decree in Divorce. The parties shall promptly execute such documents as are required in the Domestic Relations Order to vacate the spousal support Order and effectuate this provision. SECTION IV CLOSING PROVISIONS AND EXECUTION 27. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 28. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 29. 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 binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has, been executed in various counterparts, each of which shall constitute an original. WI ESS: (SEAL) CL W J LY B. 'Houd -shell Date: ?A I d02 AL) Gregory E. Houdeshell Date: -I -©r) 15 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF O b DWf?A"; ) 4VI On this, the ) S day of AQ US's, 2007, before me, a Notary Public, the undersigned officer, personally appear Lydia B. Houdeshell, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Notary Public UV? r) . &25? t o M ?MIIC 1 SS: On this, the f S'""day of Au*qs+- , 2007, before me, aNotary Public, the undersigned officer, personally appear& Gregory E. Houdeshell, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. i IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary. 16 KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopela%v.com LYDIA B. HOUDESHELL, Plaintiff, VS. GREGORY E. HOUDESHELL, Defendant. n C N O V -V Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the ` Divorce Code was filed on April 6, 2006. 2. The Complaint was served by Certified Mail signed by Gregory E. Houdeshell on April 26, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 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. Section 4904 relating to unswom falsification to authorities. LL- Date: Eydi4 B. Houdeshell KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com LYDIA B. HOUDESHELL, Plaintiff, VS. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 CIVIL ACTION - LAW IN DIVORCE n E -1 c Mrs i r WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. v t?+ c7 -a w 0 o ?i 0M 2. 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. 3. 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. 1 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 unswom falsification to autho 'ties. Date:-(g\J-Qq CL L a B. Houdeshell KOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com LYDIA B. HOUDESHELL, Plaintiff, VS. GREGORY E. HOUDESHELL, . Defendant. Attorney for Plaintiff ' IN THE COURT OF COMMON 99k-AS' : . CUMBERLAND COUNTY, PE YL?1 ; 1. • ca 1987- 06 NO - . : CIVIL- ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1 A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on April 6, 2006. 2. The Complaint was served by Certified Mail signed by Gregory E. Houdeshell on April 26, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 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. Section 4904 relating to unswom falsification to authorities. Date: E. Houdeshell regory IKOPE & ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com LYDIA B. HOUDESHELL, Plaintiff, VS. GREGORY E. HOUDESHELL, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1987 n : c : CIVIL ACTION - LAW o s : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE Z7 z` UNDER SECTION 3301 (c) OF THE DIVORCE CODE co 1. I consent to the entry of a final decree in divorce without notice. -` ` 2. 1 understand that l 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. 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. 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 unswom falsification to authoritie 1?'d Date. regory E. Houdeshell IN THE COURT OF COMMON PLEAS LYDIA B. HOUDESxELL CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION GREGORY E. HOUDESHELL NO. 06-1987 CIVIL TERM PRAIECIPE TO TRAN$MfT 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) 8?1(etj(k?f?oeK63ke?de, ($bike out inapplicable section). 2. Date and manner of service of the complaint: The Complaint was served by certified mail signed r,v kraynry F.. 14nnAuchn7l nn sprsi 2a. ?f)00;- 3. Complete either paragraph (a) 'or, (b). (a) Date of execution of theaffidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 8/15/2007' by defendant 8/15/2007 (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; There is a marital separation agreement executed on August 15, 2007 that is incorporated for enforcement urposes only but not merged. 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 plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Augus j 17, 2007 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Augus 17, 2007 49 16491 7nF P? / Defendant N -?x'1 ca ? c-zs r?'?,= ? , _ ? ? ..r? V ? ' t?t.: ? j`'?? t?? t. "?? IN THE COURT OF COMMON PLEAS \1 ?tgi1,7?'i CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION 1 NO. 0(0-(9$7 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: I . Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(1) of the Divvorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: &6,03 Q- 1z, ?Ofa 3. Complete either paragraph (a) or (b). (a) Date of execution of thae affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff $, 11 I'm "7 by defendant !Z\111 D 7 (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: 5. Complete either (a) or (b). (a) Date and manner of copy of which is attached: (b) Date of plaintiff's Waiver the Prothonotary: of the notice of intention to file praecipe to transmit record, a Notice in §3301 (c) Divorce was filed with Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: V1 JrL- q?uLkL -- Attorney fa PIS / Defendant ? '. TI - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LYDIA B. HOUDESHELL No. 06-1987 VERSUS GREGORY E. HOUDESHELL DECREE IN DIVORCE AND NOW, Ae /Z'2Q?7IT IS ORDERED AND DECREED THAT LYDIA B. HOUDESHELL , PLAINTIFF, AND GREGORY E. HOUDESHELL 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; NONE PROTHONOTARY -? ? ?? ?u, ?°-??' . ?o? C. ?a. ?>> ?? .-Y . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-??? a you C? ¢ ?4j P Plaintiff Vs File No. ?n - f `l8 IN DIVORCE --?? Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x" J prior to the entry of a Final Decree in Divorce, or _'aAer the entry of a Final Decree in-Divorce dated, hereby elects to resume the prior surname of CA) L?tct?' , and gives this written notice av, wing his / her intention pursuant t Xprovisli T54 P.S. 704. Date: S" Signature S tune of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ??h '? rt ) ` On the =day of So a,°?aa1' , 200_t before me, the Prothonotary or the notary public, personally appeared the above afflant 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 hereunto set my hand and official seal. Prothonotary or Notary Public COMMONWEALTH OF PEN YLVANIA Notarial Seal Anne E. Bednar, Notary Public Susquehanna Twp., Dauphin county W Commission EVirse Mar. 7, 2009 Ntember, Pennsylvania Association of Notaries 1? -40 8 N fs ion m