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HomeMy WebLinkAbout02-1625GINGER S. BURKHOLDER, Plaintiff STEVEN IL BURKIIOLDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2002 - 1625 CIVIL TERM IN DIVORCE NOTICE 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 in divome 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 property or other tights 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 Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Ameticans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. GINGER S. BURKItOLDER, Plaintiff STEVEN R. BURKHOLDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2002 -1625 CIVIL TERM IN DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO .SECTION 3301 (a)(6) OF THE DIVORCE CODE NOW comes the plaintiff, Ginger S. Burkholder, by her attorney, Rebecca R. Hughes, Esquire, and files this Amended Complaint in Divorce against the defendant, Steven R. Burkholder, representing as follows: ..COUNT II: Section 3301(a}(6} 1. The allegations of Paragraph 1 through 7 of the Divorce Complaint are incorporated herein as if fully set forth above. 2. Pursuant to the Divorce Code, Section 3301(a)(6), the Plaintiff avers as the grounds upon which this action is based that the Plaintiffis the injured spouse and that the Defendant has offered such indignities to him as to render his condition intolerable and life burdensome. 3. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment a. Dissolving the marriage between the two parties; b. Equitably distributing all property, both personal and real, owned by the parties; and c. for such further relief as your Honorable Court may deem equitable and just. COUNT III - ALIMONY~ ALIMONY PENDENTE LITE AND COUNSEL FEES 4. The allegations of Paragraph 1 through 3 of the Amended Divorce Complaint are incorporated herein as if fully set forth above. 5. Plaintiff is unable to provide of, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 6. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 7. Defendant is presently employed and receiving a substantial income and benefits an is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an ordering requiring Defendant to pay for Plaintiff's counsel fees, expenses and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Dated: ~--~'~ ~')t~ Rebecca R. Hugh"s, Esquire Attorney I.D. 67212 60 West Pomfi'et Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendant VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. GI~R S. BURKHOLDER Date: ~"~ ,2002 CERTIFICATE OF SERVICF~ I the undersigned hereby certify that on this ~ 1~5~-day of July, 2002, a copy of the foregoing document was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Nathan C. Wolf, Esquire 35 East High Street Carlisle, PA 17013 IRWIN, MeKNIGHT & HUGHES ~ n-, GINGER S. BURKHOLDER, Plaintiff V. STEVEN R. BURKHOLDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 2002 - !/,,,,,~'* CIVIL TERM : IN DIVORCE NOTICE 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 in 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 property 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 Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. GINGER S. BURKHOLDER, Plaintiff V. STEVEN R. BURKHOLDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : 2002 - ]G~ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the plaintiff, Ginger S. Burkholder, by her attomey, Rebecca R. Hughes, Esquire, and files this Complaint in Divorce against the defendant, Steven R. Burkholder, representing as follows: 1. The plaintiff is Ginger S. Burkholder, an adult individual residing at 1517 Orrstown Road, Shippensburg, Franklin County, Pennsylvania 17257. 2, The defendant is Steven R. Burkholder, an adult individual whose last known address was 1517 Orrstown Road, Shippensburg, Franklin County, Pennsylvania 17257. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiffand the defendant were married on September 26, 1982. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES -- ~[becca R. Hughes, Esq/ir~ -fi' Attorney for Plaintiff K.J West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 67212 Date:-~-"~__~, 2002 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 3-~ ,2002 cz ~ GINGER S. BURKHOLDER, Plaintiff STEVEN R. BURKHOLDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2002 - 1625 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Nathan Wolfe, Esquire, counsel for Defendant in the above-captioned action, hereby agree to accept service of the Complaint in Divorce, docket number 2002-1625, filed with the Court of Common Pleas in Cumberland County, Pennsylvania on April 3, 2002. dre S. Irwin, III 35 Easf~tigh Street Carlisle, PA 17013 Date: ~/[6 i/~--~ , 2002 GINGER S. BURKHOLDER, Plaintiff STEVEN R. BURKHOLDER, Defendant : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2002 - 1625 CIVIL TERM IN CUSTODY PETITION FOR CUSTODY AND NOW, comes the Plaintiff, Ginger S. Burkholder, by and through her attorneys, IRWIN, McKNIGHT & HUGHES and files this Petition for Custody, making the following statement: The Plaintiff is Ginger S. Burkholder, an adult individual residing at 1517 Orrstown Road, Shippensburg, Pennsylvania 17257. The Defendant is Steven R. Burkholder, an adult individual residing at Mainsville Road, Shippenburg, Pennsylvania 17257. The parties in this matter were married on September 26, 1982 and separated on January of 2002. There are three children born to this marriage, namely David S. Burkholder, date of birth 8-22-85; Brian S. Burkholder, date of birth 8-23-90; and Michael A. Burkholder, date of birth 10-18-95. Since the date of separation, the children have lived primarily with the Plaintiff, and the Defendant has had periods of partial physical custody every other weekend during the day only, and Wednesday nights fi.om 7:00 p.m. to 9:00 p.m. On or about June 30, 2002, the parties' middle child, Brian S. Burkholder, indicated that he wanted to stay with the Defendant overnight and possibly for the following week. The parties were not able to discuss this matter, however, were able to defuse the situation to this point. 8. The Plaintiff is desirous of obtaining an order of court establishing custody so that if disputes arise in the future, that they can quickly be resolved. WHEREFORE, the Plaintiff respectfully requests that she be granted primary physical custody with partial physical custody to the Defendant as agreeable between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Dated: _ ~ "'-/d ,2002 oecca R. Hughes, Esqu'h:e /,,ff- -- - Attorney for the Plaintiff [~J 60 West Pomfret Street Carlisle, PA 17013 717-249.2353 Supreme Court I.D. No: 67212 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. GINIC, ERS. BURKtlOLDER - Date: ~//~/~ ,2002 GINGER S. BURKHOLDER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1625 CIVIL ACTION LAW STEVEN R. BURKHOLDER DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Friday, July 19, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cnraberland County Courthouse, Carlisle on Wednesday, August 07, 2002 at 3:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ]acqueline M. Vern~. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OCT 0 $ GINGER S. BURKHOLDER, Plaintiff Ve STEVEN R. BURKHOLDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1625 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of October, 2002, the Conciliator being notified that the parties have reached an agreement regarding custody, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, z3Jacql~line M. Vemey, Esquire, Custo~y'~Conciliator GINGER S. BURKHOLDER, Plaintiff vs. STEVEN R. BURKHOLDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 1625 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this /~ day of 2002, both counsel having failed to return the certification document to the Master's office which was dated August 7, 2002, certifying the status of discovery, the appointment of the Master is vacated. BY THE COURT cc: /Rebecca R. Hughes Attorney for Plaintiff /Nathan C. Wolf Attorney for Defendant GINGER S. BURKHOLDER, Plaintiff, STEVEN R. BURKIIOLDER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1625 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENrRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 2003 STEVEN R. BURKIIOLDER Defendant GINGER S. BURKHOLDER, Plaintiff, STEVEN R. BURKHOLDER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1625 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 3, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: ,2003 GINGER S. BURKHOLDER, Plaintiff, STEVEN R. BURKHOLDER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1625 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 29-~, / ,200~ GI_~2GER S. BURl{HOLDER Plaintiff GINGER S. BURKHOLDER, Plaintiff, STEVEN R. BURKHOLDER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1625 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 3, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. / 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 3 - / [ ,2003 ~INGER S. BURKHOLDER GINGER S. BURKHOLDER, Plaintiff STEVEN R. BURKHOLDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 2002 - 1625 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Steven R. Burkholder through his attorneys office, Nathan Wolfe, Esquire. The Acceptance of Service singed by Defendant's attorney was filed on or about April 18, 2002 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff.' March 11, 2003; by defendant: February 17, 2003. (b)(1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 14, 2003. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 14, 2003. Date: March ?~//,2003 beeea R. Hughes, Esquire Attorney for Defendant MARRIA GE _SE TTLEMENT AGREEMENT THIS AGREEMENT made this .]/~ day of J'~A/t,~j,~)~ ,2003, by and between GINGER S. BURKItOLDER, (hereinafter referred to as "WIFE") and STEVEN R. BURKItOLDER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 26, 1982; and' WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them re. lating to the oWnership and equitable distribution of real and pei'sonal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property !s not intended by the parties to constitute in any way a sale or exchange of assets. Furth. er, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he' or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property 'now owned and not specified herein or property hereafter acquired by the other. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Rebecca R. Hughes, Esquire of Irwin, McKnight & Hughes; HUSBAND is represented by Nathan C. Wolf, Esquire of the Law Office of Harold S. Irwin, III; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. o It is the purpose and intent of this Agreement to settle forever and completely 'the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. o Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, oi- restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideratioti of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. o _REAL ESTATE: HUSBAND agrees to transfer all right, title and interest which he may have in that marital property located at 1517 Orrstown Road, Shippensburg, Pennsylvania, and any improvements thereon to WIFE and releases all claims which he may have regarding said real estate in accordance with this paragraph. WIFE agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold HUSBAND harmless from any obligations on said payments and indemnify him if any claim is made against him. WIFE further agrees to refinance the mortgage currently against said property which is in both parties' names, into her name individually. 4 HUSBAND hereby agrees to execute a Deed conveying his interest in the property to WIFE simultaneous to the signing of this Agreement. o pERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all fight, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items. of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereaRer belong to HUSBAND or WIFE with full power to HUSBAND.or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. o AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that WIFE may own. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 10. MARITAL DEBTS: It is agreed that WIFE shall assume all liability for and pay and indemnify HUSBAND against the Providian credit card; it is also agreed that HUSBAND shall assume all liability for and pay and indemnify WIFE against the Capital One credit card. It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. 'WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 11. INSURANCE and EMPLOYEE BENEFITS: HUSBAND agrees to transfer to WIFE his Individual Retirement Account through Federated Kaufmann Fund (KAUFX). The parties agree that HUSBAND shall transfer to WIFE Fifty Five Percent (55%) of the Citibank Pension. HUSBAND shall cooperate in executing any and all documents necessary to effectuate the transfer of this portion of his Citibank Pension to WIFE. This is with the understanding of the parties that the Citibank Pension can be severed as described above so that WIFE's retirement benefits through this pension does not depend upon HUSBAND's retirement. HUSBAND. further agrees to maintain his current life insurance policy on his life with the parties' children as the beneficiaries. Any additional life insurance policies on the life of HUSBAND or WIFE or any other employee benefits not listed above, shall be their own. HUSBAND shall maintain for. Wife by making payments each month to the insurance carrier directly for a total of twelve (12) months, an amount equal to the COBRA expense through HUSBAND's employer which WIFE shall obtain after finalization of the divorce. However, if WIFE obtains employment with health insurance benefits before the twelve (12) months expire, HUSBAND shall no longer be responsible for said COBRA payments 12. STOCK AND BANK ACCOUNTS: HUSBAND agrees to transfer to WIFE Thirty Five Thousand Three Hundred Sixty Eight and no/100 ($35,368.00) Dollars to WIFE from the parties' TD Waterhouse account no 438-02522-1-5. The remaining portion of the TD Waterhouse account shall be owned solely by HUSBAND. WIFE agrees to waive all right, title and interest which she may have in any other savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. HUSBAND further agrees to transfer Two Thousand Five Hundred and no/100 ($2,500.00) Dollars to a savings fund for the parties' youngest child's college education. This figure shall represent a sum total of contributions which HUSBAND shall make to said account before December 31, 2003. Said fund may take the form of a tuition account program (TAP) which is authorized by the Commonwealth of Pennsylvania. WIFE shall make an equal contribution to the savings fund, once established, that shall total the sum of Two Thousand Five Hundred and no/100 ($2,500.00) Dollars, however, WIFE shall have until December 31, 2004 to make said contributions. 13. ALIMONY and DIVORCE: HUSBAND and WIFE agree to waive any and all right to spousal support, alimony pendente lite, and alimony, or any other support for the person, that either of them have in the other spouse. The spousal support orde~ currently in effect through Franklin County Domestic Relations shall cease upon the execution of this agreement. WIFE agrees to cooperate in terminating said spousal support order in a timely fashion. The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce by the third week of the 2003 year. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 14. BREACH: If either party breaches any provisions of this Agreement, 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, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ,ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect . have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into Voluntarily, and that it is not the result of any duress or undue influence.. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 17. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. APPLICABLE LAW: Commonwealth of Pennsylvania. 18. This Agreement shall be construed under the Laws of the 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to 'the date and time of this Agreement are null and void and of no effect. 20. WAIVER OF CLAIMS AGAINST ESTATES: Except as :herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. I0 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: GIN~I)i S. BURKHOLDER ' STEVEN R. BURKHOLDER 11 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this 1~,/~ day of 2003, a Notary Public, in and for the Commonwealth of Pennsylvania and Cumberland, GINGER S. BURKHOLDER, known to mc (or satisfactorily proven) to be the person whose name is subscribed to thc within Marriage Settlement Agreement, and acknowledges that she executed the same for thc purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. I Notarial Seal ' i .~ ~ . ' ~ I Martha L. Noel, Notary Public .I .,nJ~/~ /~ /j {~ ~ I Carlisle Boro, Cumberland County %.~...""~/9~1~_ /'~ ~-....(..~'.~'/ I My Commission Expires Sept. 2003 I / tx,ri7-. Member Pennsylvania Association ct Notaries ~..... (.,/ COMMONWEALTH OF PENNSYLVANIA : : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this ./~ day of,-~t.~ , 2003, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, STEVEN R. BURKHOLDER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hayI hereunto set~ ,, NOTARIAL SEAL ~ H,"-ROLD S. !RWi?~, I;I, NOTARY PUBLIC [ CARL!SLE BOROUGH, COUNTY OF CUL'tBERL.AND~ MY COMMISSION D(P RES OCTOBER 22 20n6 ~ 12 IN THE COURT Of COMMON OF CUMBERLAND COUNTY state Of ~~:~~.~ .. PENNA. GTNGER BURKHOLDER, NO. Plaintiff VERSUS STEVEN R. BURKHOLDER, Defendant 2002-1625 PLEAS DECREE IN DIVORCE AND NOW, DECREED THAT Ginger S. Burkholder Steven R. Burkholder AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,2Oc5._~, IT IS ORDERED AND , PLAiNTiFF, , DEFENDANT, THE COURT RETAINS JurISDICTiON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL OrDEr HAS NOT YEt BEEN ENTERED; The Marriage Settlement AAreement dated January 16, 2003, and signed by the parties is hereby incorporated into this Decree but not merged. BY THE COURT: PROTHONOTARY