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HomeMy WebLinkAbout02-1569MYRA L. FREDERICK, Plaintiff Vo PETER L. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- /56, c/ CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or properly or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MYRA L. FREDERICK, Plaintiff PETER L. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- ]5'6 ~ CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Myra L. Frederick, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Myra L. Frederick, is an adult individual who currently resides at 14 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant, Peter L. Frederick, is an adult individual who currently resides at 14 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 16, 1985 in Frederick County, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Myra L. Frederick, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Date: Respectfully submitted, T-'h-~omas ~ Diehl- Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. MYRA L. FREDERICK, Plaintiff PETER L. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1569 CIVIL TERM : CIVIL ACTION - LAW : 1N DIVORCE ACCEPTANCE OF SERVICE I, Peter L. Frederick, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce in full satisfaction of the Pennsylvania Rules of Civil Procedure. DATE: PEleER L~ FREDERI~CK, Defendant MYRA L. FREDERICK, Plaintiff PETER L. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1569 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 2002. A complaint in divorce under §3301(c) of the Divorce Code was filed on April 2, 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements heroin are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworu falsification to authorities. / / M~ERICK, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQIJ~T ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. falsification to authorities. Date: 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. § 4909 relating to unsworn L~ERICK, Plaintiff v Z 22- MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN PETER L. FREDERICK AND MYRA L. FREDERICK Thomas Diehl, Esquire One West High Street Suite 208 Carlisle, Pennsylvania 17013 Telephone: (717) 240-0833 Counsel for Plaintiff Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-6873 Counsel for Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this Z-~ ~* day of ., 2003 by and between Myra L. Frederick, of Cumberland County, Pennsylvania, and Peter L. Frederick, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Peter L. Frederick (hereinafter called "Husband") currently resides at 14 Forge Road, Boiling Springs, Pennsylvania, 17007; and, WHEREAS, Myra L. Frederick (hereinafter called "Wife") currently resides at 14 Forge Road, Boiling Springs, Pennsylvania, 17007; and, WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 16, 1985; and, WHEREAS, the parties continue to reside in the same residence but consider themselves to be living separate and apart from one another; and, WHEREAS, there were three children of the marriage between the parties, namely, Sean Frederick, born June 11, 1986, Katie Frederick, born October 28, 1988 and Zane Frederick, born December 3, 1990; and, WHEREAS, wife instituted divorce proceedings which are docketed to 2002- 1569, Cumberland County, Pennsylvania; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective marital and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual )romises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 2 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, Profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSFI. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Michael A. Scherer, Esquire, his counsel, and Wife has secured legal advice from Thomas Diehl, Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of 3 the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking or oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has ad the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name 4 of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, a..lld is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCF It is the intention of the' parties, and the )arties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has filed a Complaint for Divorce in the Court of Common Pleas, Cumberland County, Pennsylvania, indexed to No. 02-1887 Civil Term. The parties agree that they will each execute an Affidavit of 5 Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply counsel for Wife with a copy of the Decree. 5, EQUITABLE DISTRIBUTION. A. Real Estate. The parties are the owners as tenants by the entireties of real estate located at 14 Forge Road, Boiling Springs, Pennsylvania. The parties are unsure of the amount of equity in the property because they don't know the fair market value of the home at present. Husband shall refinance the property and Wife will, concurrent with the refinance, execute a deed transferring all right, title and interest to the aforementioned residence to Husband individually. Husband shall pay wife one-half of the equity in the property concurrent with the refinance. Equity is defined as the fair market value as determined by the appraisal obtained by the lender in connection with the refinance, less the payoff on the existing mortgage as of the date of the refinance. B. Furnishin.qs and Personalty~ Wife has hand-written a list of the items of personal property which she shall claim as her separate property, which is attached hereto as "Exhibit A." All other items of personal property heretofore used in common by the parties which are not listed on Exhibit A shall be the separate property of Husband. 6 C. Motor Vehicles. (1) Husband shall retain as his sole and separate property the 1991 Toyota Corolla, and husband shall be liable for any balance due on this vehicle to any lender. Husband shall indemnify and hold Wife harmless on the said debt. (2) Wife shall retain as her sole and separate property the 1991 Honda Prelude and the 1994 Honda Accord. (3) The parties agree that they will cooperate and execute any documents necessary to effectuate the transfer of titles and insurance regarding the above- referenced vehicles. D. .Pension and Retirement Benefit,-. Husband is employed by the Public Utilities Commission and has retirement benefits with said employer. Wife is employed by Sprint Corporation and has retirement benefits with said employer. The parties shall retain, as their sole and separate property, their respective interests in their respective retirement programs. Each party hereby waives and releases any right, title or interest they may have in the other party's retirement benefits. E. Bank Accounts. The parties have separated their various checking, savings and related accounts and each party shall hereby become the sole owner of any such account in his or her respective name. F. .2.003 Income Tax Return. The parties hereby agree to file a joint 2003 The federal, state and local income tax return and shall share equally in any refund or balance owed relative to any such jointly filed return. 7 G. ~. The parties agree that Wife shall own, possess, and enjoy free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any ~nsurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. ~. The parties agree that Husband shall own, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. I. Marital Debt. Wife shall assume sole responsibility to repay the following marital debt and shall hold husband harmless relative to these obligations: Citibank credit card, Capital One credit card, personal loan to wife's brother, orthodontist bill, and Fleet credit card payment. Husband shall be responsible for the following joint debts: PSECU personal loan, PSECU Visa, Lowe's credit card and Home Depot credit card. 8 In the event there are any other debts in the name of either party, that party shall be solely responsible for those debts and shall hold the other harmless on the obligations. J. Liability. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. K. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. L. Indemnification of Husband If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him 9 and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. M. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate inclosing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. SUPPORT, ALIMONY, ALIMONY PENDENTE LITE, SPOUSAl SUPPORT. Except as provided below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph 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. 10 7. WAIVER OF INHERITANCE P. IG_~HT_S. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 8. WAIVER OF BENEFICIARY DESIGNATIO~NN. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all lights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post- death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11 9. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divome Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party 9ursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, 12 economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the 3arties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. 13 (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either ,party ever had or now has against the other. 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11. SEYERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 12. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non- breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 14 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enfomed under the substantive laws of the Commonwealth of Pennsylvania(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 15. EFFECT OF RECONCILIATIO~NN COHABiTATiON OR DIVORCE. This Agreement shall remain in full force and effect and shaJ~ not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and Void. 16. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the Parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 17. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney, and that this instrument expresses the entire agreement between the Parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the Parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 15 18. .MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other actor thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred asa result of such failure. 19. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. Michael Scherer, Esq. Peter L. Frederick Thomas Diehl, Esq. ?ederick .... mas.dir/domesticlfredericklsettlement.agr MYRA L. FREDERICK, Plaintiff PETER L. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1569 CIVIL TERM : : CIVIL ACTION ~ LAW : IN DIVORCE AFFIDAVIT OF CONSENT 2002· 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on April 2, 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities· WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora Final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and 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 falsification to authorities, to the penalties of 18 P_a.C.S. § 4909 relating to unsworn Date: /,~,.~__-~.~_ ~ ~~~ , e enaant MYRA L. FREDERICK, Plaintiff V. PETER L. FREDERICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1569 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE P__~ECIPE TO TRANSMI~T REC~OR~ To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Defendant signed an Acceptance Of Service form on April 11, 2002. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff by the defendant June 23 2003 December 22 2003 -' (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the divorce code N/A ~ (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending~ N~OONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's waiver of notice Section 3301(c) divorce was filed with the Prothonotary: Jul 7 2003 in Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: December 23 2003 Michael A. Scherer, Esquire Attorney for Defendant, Peter L. Frederick INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~~ PENNA, Myra L. Frederick, Plaintiff VERSUS Peter L. Frederick, Defendant N O. 2002-1569 CIVIL DECREE IN DIVORCE DECREED THAT MYRA L. FREDERICK AND PETER L. FREDERICK ARE DIVORCED FROM THE BONDS OF MATRIMONy. IT IS ORDERED AND -, PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO~TiON FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED DECEMBER 20, 2003 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. BYTHE ATTEST: