HomeMy WebLinkAbout06-2709
JASON A. STOUFFER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ERIN L. ASBURY, NO. 2006 -976? CIVIL TERM
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt action. You are warned that
if you fail to do so, the case 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 the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Court House, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyers Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
LAW OFFICES OF PETER J. RUSSO, P.C.
SCOTT A. STEIN, ESQUIRE
PA Supreme Court ID: 81738
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Attorney for Plaintiff
JASON A. STOUFFER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ERIN L. ASBURY, NO. 2006 -.7 90 9 CIVIL TERM
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
UNDER § 3301(Cl AND 3301(d) OF THE DIVORCE CODE
AND NOW, COMES, Plaintiff, Jason A. Stouffer, by and through Law
Offices of Peter J. Russo, P.C., and seeks to obtain a Decree in Divorce from the above-
named Defendant, upon the grounds hereinafter more fully set forth:
1. Plaintiff is Jason A. Stouffer, who currently resides at 8 Midland Rd
Newville, Cumberland County, Pennsylvania since March 2006.
2. Defendant is Erin L. Asbury, who currently resides at 142 E. Garden
Avenue, New Cumberland, Cumberland County, Pennsylvania since January 2005.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth for at least six months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on September 20, 2003 at
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and that Plaintiff may
have the right to request that the court require the parties to participate in counseling.
8. Plaintiff is in the Armed Forces of the United States, in the current capacity
of a recruiter for the United States Army.
9. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, Plaintiff, Jason A. Stouffer, prays that a decree be entered in favor
of the Plaintiff and against Defendant dissolving the marriage between the two parties.
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
By: acv
S ott A. Stein, squire
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Date: 5- S- 0 6
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.
Date: 62 / Ai yi?
A. Stouffer
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JASON A. STOUFFER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ERIN L. ASBURY, : NO. 2006 - 2709 CIVIL TERM
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
I hereby accept service of the Complaint in Divorce and enter my
appearance for defendant in the above-captioned matter.
Date: 5-/17 I o2?66 David R. Getz, Esquire
PAID No. 3433d'
Wix, Wenger & Weidner, P.C.
P.O. Box 845
508 N. 2nd Street
Harrisburg, PA 17108-0845
717-234-4182
Attorney for Defendant
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LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 591-1755
Attorneys for Plaintiff
JASON A. STOUFFER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ERIN L. ASBURY, NO. 2006 - 2709 CIVIL TERM
Defendant IN DIVORCE
NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVROCE DECREE
TO: ERIN ASBURY
Jason A. Stouffer, Plaintiff intends to file with the court the attached Praecipe to
Transmit Record on or after April 30, 2008 requesting that a final decree in
divorce be entered.
LAW OFFICES OF PETER J. RUSSO, P.C.
Attorneys for Plaintiff-
Peter J. Russo, Esquire
ID # 72897
Elizabeth J. Saylor, Esquire
ID # 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
PH: 717-591-1755
FX: 717-591-1756
Date: L-1 8 0
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LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 591-1755
Attorneys for Plaintiff
JASON A. STOUFFER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ERIN L. ASBURY, NO. 2006 - 2709 CIVIL TERM
Defendant IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must
file a counter-affidavit within twenty days after this affidavit has been served on you
or the statements will be admitted.
AFFIDAVIDIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on April 7, 2006 and have continued
to live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworm falsification to authorities.
Date: LI Cl 5_
Jas A. Stouffer
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT is hereby made and entered into thine of Aa? I- - , 2008,
by and between JASON A. STOUFFER, hereinafter "Husband," and ERIN L. ASBURY,
hereinafter "Wife."
WITNESSETH:
WHEREAS, the Parties hereto are Husband and Wife, having been married on September
20, 2003; and
WHEREAS, certain differences have arisen between the parties as a result of which they
separated on March 15, 2006 and now live separate and apart from one another, and are desirous,
therefore, of entering into an Agreement which will distribute their marital property in a manner
which is considered to be an equitable division of all joint property, and will provide for the mutual
responsibilities and rights growing out of the marriage relationship; and
WHEREAS, there has been a complete disclosure of the earnings and property of each
party, and each understands his/her rights under the Divorce Code of the Commonwealth of
Pennsylvania.; and
WHEREAS, the parties hereto, after being properly advised by their respective counsel,
Husband by his attorney, Scott A. Stein, Esquire and Peter J. Russo, Esquire and Wife by her
attorney, David R. Getz, Esquire have come to the agreement, which follows:
NOW, THEREFORE, in consideration of the above recitals and the following covenants
and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally
bound, covenant, promise and agree as follows:
1. Separation. It shall be lawful for each party at all times hereafter to live separate and
apart from the other party at such place that he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their living apart.
2. Interference. Each party shall be free from interference, authority and contact by the
other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, nor in any way, nor in any way
harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart
from the other.
3. Wife's Debts. Wife represents and warrants to Husband that since the separation
she has not and in the future she will not contract or incur any debt or liability for which Husband
or his estate might be responsible and 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.
4. Husband's Debts. Husband represents and warrants to Wife that since the
separation he has not and in the future he will not contract or incur any debt or liability for which
Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and
all claims or demands made against her by reason of debts or obligations incurred him.
5. Outstanding Joint Debts. The parties acknowledge and agree that they have no
outstanding joint debts and obligations incurred prior to the signing of this Agreement except for a
loan on Wife's 2002 Subaru Forester. All other joint debts have already been paid. In the event
that either party contracted or incurred any debts other than those specifically set forth above, either
before or after the date of separation, the party who incurred said debt shall be responsible for the
payment thereof, regardless of the, name in which the account may have been charged, and such
party shall indemnify, defend and hold the other party harmless from any claim or demand made
against that party by reason of such debt.
6. Equitable Distribution of Marital Property. The parties have attempted to distribute
their marital property in a manner which conforms to the criteria set forth in Section 3502 of the
Pennsylvania Divorce Code and taking into account the following considerations: the length of the
marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount
and sources of income, vocational skills, employability, estate, liabilities and needs of each of the
parties; the contribution of each party to the education, training or increased earning power of the
other party; the opportunity of each party for future acquisitions of capital assets and income; the
sources of income of both parties, including but not limited to medical, retirement, insurance and
other benefits; the contribution or dissipation of each party in the acquisition, preservation,
depreciation or appreciation of the marital property, including the contribution of each spouse as a
homemaker; the value of the property set apart to each party; the standard of living of the parties
established during the marriage; the economic circumstances of each party at the time the division
of property is to become effective; the Federal, State and local tax ramifications associated with
each asset to be divided, distributed or assigned, which ramifications need not be immediate and
certain; the expense of sale, transfer or liquidation associated with a particular asset, which expense
need not be immediate or certain; and whether a party will be serving as the custodian of any
dependent minor children.
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets, and the division is being effected without the introduction of
outside funds or other property not constituting marital property. The division of property under
this Agreement shall be in full satisfaction of all marital rights of the parties.
A. Personal Property.
The parties hereto mutually agree that they have effected a satisfactory division of
all furnishings and personalty, including but not limited to all furniture, furnishings, antiques,
jewelry, rugs, carpets, household appliances and equipment, except as set forth herein. Wife agrees
that Husband has been given sole possession and ownership of the .45 caliber handgun. With
respect to all other personal property, each party shall from and after the date hereof be the sole and
separate owner of all furnishings and personalty presently in his or her possession, and this
Agreement shall have the effect of an assignment or bill of sale form each party to the other for
such property as may be in the individual possession of each of the parties hereto.
B. Cash Accounts, Stocks and Investments
All marital cash, checking accounts, savings accounts, money market accounts,
certificates of deposit, investment accounts and other financial accounts have been divided to the
mutual satisfaction of the parties. The parties agree that all monies each has received from said
accounts shall be the sole and separate property of the receiving party, free of any right, title, claim
or interest of the other. Each party hereby waives, relinquishes and releases any and all past,
present and future right, title, claim and interest in and to the monies received by the other party
form said accounts including any property acquired or exchanged for same.
C. Real Estate.
The parties' marital residence located at 142 East Garden Avenue, New
Cumberland, Pennsylvania was rented by the parties. The lease has been terminated and all
financial obligations to the landlord have been satisfied. At the time of separation, neither party had
any ownership interest in real estate.
D. Vehicles.
Wife shall retain possession and ownership of the 2002 Subaru Forester presently in
her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife.
Wife represents and warrants that said vehicle is encumbered by an interest free loan from her
father and hereby agrees to assume all liability for and responsibility for satisfying said debt. Wife
shall indemnify and hold Husband harmless from any and all liability, cost or expense, including
actual attorney's fees made against Husband by reason of such debt Husband shall sign any title or
other documents necessary to transfer ownership of said vehicle at any time, upon demand, and
further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to
enforce this provision.
Husband shall retain possession and ownership of a 1991 Jeep Wrangler presently in
his possession. Wife hereby transfers all of her right, title and interest in said vehicle to Husband.
Husband represents and warrants that all marital liens and encumbrances relative to said vehicle
have been fully satisfied. Wife shall sign any title or other documents necessary to transfer
ownership of said vehicle at any time, upon demand, and further shall indemnify Husband for any
costs, including actual counsel fees, incurred by Husband to enforce this provision.'
E. Life Insurance.
The parties acknowledge and agree that each shall retain as his or her sole and
separate property, any and all life insurance policies in his or her name, free of any right, title and
interest of the other party. The parties hereby waive, relinquish and release any right he or she may.
have to designate beneficiaries or to receive benefits or cash value from any policy of the other.
F. Retirement Assets.
Husband has a pension through military and a thrift savings plan. Wife has no
retirement savings. Each party shall retain his or her interest in their respective retirement assets.
The parties waive and release all right, claim, title and interest he or she may have, now or in the
future, to receive any portion of the retirement assets of the other, including but not limited to any
increase or addition to any such account during the course of the marriage. Each agrees to execute
any and all documents which may be required to give full effect to this Paragraph.
H. General Provisions.
The parties hereto have divided between themselves, to their mutual satisfaction, all
items of tangible and intangible property. Neither party shall make any claim to any such items of
marital property, or of the separate property of either party, which are now in the possession and/or
under the control of the other, or which property will be distributed in accordance with this
Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or
documents necessary to give effect to this paragraph. Property shall be deemed to be in the
possession or under the control of a party if, in the case of tangible property, the ;item is physically
in the possession or control of the party at the time of the signing of this Agreement and, in the case
of intangible property, if any physical or written evidence of ownership, such as passbook,
checkbook, policy or certificate of insurance or other similar writing is in the possession or control
of the party. Husband and Wife shall each be deemed to be in the possession and control of their
own individual pension or other employee benefit plans or retirement benefits of any nature to
which either party may have a vested or contingent right or interest a the time of the signing of this .
Agreement, and neither will make any claim against the other for any interest in such benefits,
except as stated herein.
From and after the date of the signing of this Agreement, both parties shall have the
complete freedom of disposition as to their separate property and any property which is in their
possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or
otherwise encumber or dispose of such property, whether real or personal, whether such property
was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent
to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such
disposition of property.
7. Alimony. Both parties acknowledge and agree that the provisions of this Agreement
providing for equitable distribution of property are fair, adequate and satisfactory to them, and are
accepted by them in lieu of and in full and final settlement and satisfaction of any claims or
demands that either may now or hereafter have against the other for support, maintenance or
alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to
seek from the other any payment for support or alimony, except as set forth herein.' Each party shall
indemnify, defend and hold the other harmless against any future action for 'iher support or
alimony modification or extension of same, brought by or on behalf of the other and the results of
such action, such indemnity to include the actual counsel fees of the defendant in any such future
action.
8. Alimonv Pendente Lite Counsel Fees and Expenses Husband and Wife acknowledge
and agree that the provisions of this Agreement providing for the equitable distribution of marital
property of the parties are fair, adequate and satisfactory to them. Both parties shall accept the
provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of
all claims and demands that either may now or hereafter have against the other for spousal support,
alimony pendente lite, counsel fees or expenses, or any other provision for their support and
maintenance before, during and after the commencement of any proceedings for divorce or
annulment between the parties, except as set forth herein. Husband and. Wife agree that Husband
shall continue to pay support in the amount of his BAH with Dependant which currently is set at
$734.40 per month until the divorce pursuant to Section 3301(d) of the Divorce Code is finalized.
Additionally, each party shall indemnify, defend and hold the other harmless against any future
action for spousal support, alimony pendent elite or counsel fees and costs, brought by or on behalf
of the other, and the results of such action. Such indemnity shall include the actual counsel fees of
the defendant in any such future action. Nothing contained herein shall preclude a party from
obtaining counsel fees and costs in the event of, and stemming directly from a breach of this
Agreement.
9. Medical Insurance. After the date that the divorce is finalized, each party shall provide,
at his or her own expense, all medical, dental, vision and other health insurance he or she desires,
and neither party shall be responsible for the cost of insurance or the uninsured expenses of the
other.
10. Prior Tax Returns. The parties acknowledge that they have filed various joint income
tax returns during the course of their marriage. In the event that any additional' taxes, penalties or
interest are assessed as a result of any such joint return, the party guilty of fraud or intentional
misrepresentation shall indemnify and save the other party harmless from such tax liability,
penalties, interest, counsel fees, accountant's fees and costs. Barring fraud or intentional
misrepresentation, the parties shall be equally responsible for and shall pay all such taxes, penalties,
interest and expenses. Wife shall retain any prior refunds that she received and used to pay bills.
11. Divorce. A Complaint in Divorce has been filed to No. 2006-2709 in the Court of
Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed
without further delay to secure a divorce pursuant to Section 3301(d) of the Divorce Code upon the
completion of having lived separate and apart for two years which the parties agree shall occur not
sooner than March 21, 2008.
12. Time of Distribution. The assets and interests to be transferred under and pursuant to
this Agreement shall be conveyed and transferred to the respective parties immediately upon the
execution of this Agreement. All spousal support, alimony pendent lite and other such obligations,
excluding alimony, shall terminate upon the entry of a final decree in divorce. The parties shall
cooperate by executing whatever documents are necessary to effectuate a divorce under 3301(d) of
the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an
assumpsit action for specific performance.
01
13. Reconciliation. In the event of a reconciliation between the parties, this Agreement
shall continue to remain in full force and effect absent a writing signed by the parties stating that
this Agreement is null and void.
14. Release. Subject to the provisions of this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release, indemnify (including actual legal
fees) and discharge the other of and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel
fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now
has, or may have in the future under Pennsylvania Divorce Code, as amended, or under any other
statutory or common law, except any and all causes of action for divorce and all causes of action for
breach of any provisions of this Agreement. Each party also waives his or her right to request
marital counseling pursuant to Section 3302 of the Divorce Code.
15. Waivers 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 any right existing now or in the future under
the Pennsylvania Divorce Code, as amended from time to time, 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. Each further waives any right to inherit or receive property or act as the personal
representative of the estate of the other by Will, Codicil, intestacy or designation of beneficiary,
unless such Will, Codicil, or designation of beneficiary is dated subsequent to the effective date
of this Agreement. Should a parry receive money, property or other benefits to which he or she is
not entitled to pursuant to the terms of this Agreement, said money, property or other benefit
shall be delivered to the Administrator/Administratrix or Executor/Executrix of the estate of the
other immediately upon receipt
16. Rights on Execution. Immediately upon the execution of this Agreement, the rights
of each party against the other, despite their continuing marital status, shall terminate and be as if
they were never married.
17. Breach. If either parry hereto breaches any provision of this Agreement, the other
shall have the right, at his or her election, to sue for damages for such breach, or to seek such
other remedies or relief as may be available to him or her. In the event of breach of any of the
terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment
against the breaching party, all costs, including actual counsel fees paid to his or her attorney.
18. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated
but shall not merge in the final divorce decree between the parties. Any Court having
jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This
Agreement shall survive in its entirety, resolving the spousal support, alimony, eQluitable
distribution and other interests and rights of the parties under and pursuant to thel Divorce Code
of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement
shall in any way change the terms of this Agreement. This Agreement may be enforced
independently of any support order, divorce decree or judgment and its terms shall take
precedence over same, remaining the primary obligation of each party.- This Agreement shall
remain in full force and effect regardless of any change in the martial status of the parties. It is
warranted, covenanted and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable, and this warranty, covenant and representation is made for
the specific purpose of including he parties to execute the Agreement.
19. 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.
20. Separability. In case any provision of this Agreement should be held to be contrary
to, or invalid under, the law of any country, state or other jurisdiction, such illegality and
invalidity shall not in any way affect the other provisions hereof, all of which shall continue,
nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate
and undisputed covenant and agreement.
21. Entire Agreement. This Agreement contains the entire, complete and exclusive
understanding of the parties, and there are no representations, warranties, covenants and
undertakings other than those expressly set forth herein. Husband and Wife acknowledge and
agree that the provisions of this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and satisfactory to them, based on the length of
their marriage and other relevant factors which have been taken into consideration by the parties.
Both parties hereby accept the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and satisfaction of all claims and demands that
they may now have or hereafter have against the other for equitable distribution of their property
by any court of competent jurisdiction pursuant to Section 3502(d) of the Divorce Code or any
other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital property, but nothing herein
contained shall constitute a waiver by either party of any right to seek court relief for the purpose
of enforcing the provisions of this Agreement.
22. Modification and Waiver. A modification or waiver of any of the provisions of this
Agreement shall be effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or similar
nature.
23. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose
any resort to the courts for relief on the basis of any statute or case law presently existing or
which may exist at some time in the future within the Commonwealth of Pennsylvania, including
but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce
Code, as amended. This Agreement has been drafted and accepted on the basis that such resort
would constitute a breach under this Agreement, entitling the nonbreaching party to
reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it
is intended that the court shall treat the parties as if they had never entered into a marital
relationship. This Agreement shall be construed in accordance with the Laws of the
Commonwealth of Pennsylvania which are in effect as of the date of the execution of this
Agreement and, where such law is inconsistent, the terms of this instrument shall govern.
24. Voluntary Execution. The provisions of this Agreement and-their legal effect have
been fully explained to the parties by their respective counsel, and each party acknowledges that
the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge
of the assets of both parties, and that it is not the result of any duress or undue influence. The
parties acknowledge that they have been furnished with or are aware of all of the information
relating to the financial affairs of the other which has been requested by each of them or by their
respective counsel. Each party further acknowledges that each has conducted his own
independent investigation into the existence of the other's assets. and liabilities and is not
depending upon any representations made by the other party in agreeing to the terms hereof.
25. Descriptive Headings. The descriptive headings used herein are for convenience
only. They shall have no effect whatsoever in determining the rights or obligations of the parties.
26. 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.
27. Effective Date. The effective date of this Agreement shall be the date on which the
parties executed this Agreement, as indicated below. If the parties executed the Agreement on
different dates, the effective date shall be the later of the two dates.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seal the day and year first above written.
WITNESS:
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Witness ason A. Stouffer Date
Witness Erin L. Asbury Da b
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF C-U nn? r1
On this, the 2y day of 0'P r , 2008, before me, a Notary Public,
personally appeared JASON A. STOUFFER and in due form of law acknowledged the
foregoing Marital Settlement Agreement to be her act and deed, and desired that the same might be
recorded as such.
Sworn to and subscribed
before me this Z It day
of a-pn - 1 , 2008.
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Notary P1c
COMMONWEALTH OF PENNSYLVANIA
Notedel Se
Hampden ASNey Sipe, Notary Public
My COMMLRWM , Cumbeitend County
Oct 12, 2011
Member, Pennsylvanle Association of Notaries
• . . .
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF P?'3 o -t IN
On this, the day of 1V1 X41 2008, before me, a Notary
Public, personally appeared ERIN L. ASBURY and in due form of law
acknowledged the foregoing Marital Settlement Agreement to be his act and deed, and desired that
the same might be recorded as such.
Sworn to and subscribed
before me this ? day
of Y-AA , 2008.
1
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Notary Pu lic
NOTARK SEAL
MAY T WI IL"
Notary Public
HARRISBURG CITY, DAUPHIN COUNTY
My Commission Expires Mar 7, 2009
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1
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 591-1755
Attorneys for Plaintiff
JASON A. STOUFFER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ERIN L. ASBURY, NO. 2006 - 2709 CIVIL TERM
Defendant IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
1. Ground for divorce: irretrievable broken under § 3301(d) of the Divorce
Code.
2. Date and manner of service of the complaint filed on May 11, 2006;
with an acceptance of service by and through Defendant's attorney on May 19,
2006.
3. Date of execution of the affidavit required by § 3301(d) of the Divorce
Code: April 7, 2008; with a date of filing and service of the plaintiffs affidavit
upon the respondent on April 7, 2008.
4. No other related claims are pending.
5. On April 7, 2008 by certified mail return receipt the notice of intention to
file praecipe of which is attached was served upon Defendant's attorney
LAW OEELCE [,?USSO, P.C.
Attorneys for Plaintiff
Peter J. Russo, Esquire
ID # 72897
Elizabeth J. Saylor, Esquire
ID #200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Date: 1??OY
co
lip
i
s
..s
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
JASON A. STOUFFER,
Plaintiff
No. 2006-2709
VERSUS
ERIN L. ASBURY,
Defendant
DECREE IN
DIVORCE
AND NOW, IT IS ORDERED AND
DECREED THAT JASON A. STOUFFER
AND ERIN L. ASBURY
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, 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 Separation and Property Settlement Agreement dated April 24, 2008, is
incorporated, but not merged, into this Decree in Divorce.
BY THE COURT:
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ATTEST: J.
4A?7;--4
PROTHONOTARY
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