Loading...
HomeMy WebLinkAbout06-3257 \. .... f',\FILES\DATAFILE\GeneraJ\Current\117JJ, l,divcoml Created: 6/1/06 8:50AM Revised: 6/&/06 9:29AM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO 1.0. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA NO.06- .3;1S-7 i.;J CIVIL ACTION - LAW CHAUNCEY S. FARRINGTON, Plaintiff ALISA FARRINGTON, 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 proceed without you and a decree of divorce or annuhnent 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 maniage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the ProthonotaIywithin twenty (20) days of receipt of this Notice. 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 TIllS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE ALA WYERORCANNOT AFFORD ONE, GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . CHAUNCEY S. FARRINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 06- 3.1.57 CIVIL ACTION - LAW ALISA FARRINGTON, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiffis Chauncey S. Farrington, who currently resides at 300 East Seminary Street, Mercersburg, Franklin County, Pennsylvania. 2. Defendant is Alisa Farrington, who currently resides at 300 East Seminary Street, Mercersburg, Franklin County, Pennsylvania. 3. Plaintiff has been a bona fide residenl of the Commonwealth ofPennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 4th day of November, 2000, in Indianapolis, Indiana. 5. Neither Plaintiffnor Defendant is in the military ornaval service of the United Statesorits alJies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. COUNT I REOUEST FOR A NO-FAULT DIVORCE UNDER SECTION 330HC) OR (0) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. When at the appropriate time, Plaintiffwill file an affidavit stating that two years have expired from the date of separation. , . WHEREFORE, Plaintiffrespectfullyrequests the Court to enter a decree of divorce pursuant to Section 3301 of the Divorce Code. COUNT II REOUEST FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502lA) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiffrespectfullyrequests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. MARTS ON DEARDORFF WILLIAMS & OTTO B,,~, ,",>tire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: June 8, 2006 Attorneys for Plaintiff , . . - ~ VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered bymy counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent thatthe document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if! make knowingly false averments, I may be subject to criminal penalties. C~T~ Chaunce S. "ngton F:\F1LESIDAT AFILE\GcneraJICurTelltIJ 1733.] .divcoml ~~ ......... ........ ~ '" ~ '"" ~ ~ ~ ~ ~ ' I\.} \) V\ ~ ~. . ,(,;. ~ ~ ';i ~ \S, <:s "'" ~ \ \ ~ \. . . ~ ~\~ ~ ....... l "" .? (J ,.:' -11 1:"';;'-' C-.,. --\ , :r: -r1 .._~ rnp::; t "~1~,8 G) ~\(':") '\ ':~< ~ t.. J ;~:5cn G) ;-~i ~__ :iJ r-...: .-<. F:IFILES\DATAFILB\Gencral\Currenlll 1733. I _oos Created: 611106 g:~AM Revised: 6/9/063:08PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CHAUNCEY S. FARRINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3257 CIVIL ACTION - LAW ALISA FARRINGTON, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce and certify that I am authorized to do so. (p ho( Ov efendant Date ,...., s: ~';:', "" N o -n ...... :I:-n P'r: -,.lP-; -'i-...-"' -)L. . -I ~:.~: ...., ~" " t)? :: 'l~~ .J --, ~D :< l'~ Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAUNCEY S. FARRINGTON, Plaintiff v. NO. 06-3257 CNIL ACTION - LAW ALISA FARRINGTON, Defendant IN DNORCE AFFIDAVIT OF CONSENT 1. A ComplaintinDivorceunder~ 3301(c) of the Divorce Code was filed on June 8, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 subj ect to the penalties of 18 Pa. C .S. ~ 4904 relating to unsworn falsification to authorities. Date: \ \ {Go I ()(p r-,) , ---> - t..' - c....J .. ..f- Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PAl 7013 (717) 243-3341 Attorneys for Plaintiff CHAUNCEY S. FARRINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3257 CIVIL ACTION - LAW ALISA FARRINGTON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND ~ 3301 (d) 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 waiver are true and correct. I understand that false statements herein are made subj ect to the penalties ofl8 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. Date: \( ( 20 ( & f',' -.J ~"' './ [',.) ,.... t",'; .. 11> F: IFILESIDA T AFILEIGenera1ICurrentl 11733. l.m;a Jennifer 1. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CHAUNCEY S. FARRINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3257 CNIL ACTION - LAW ALlSA FARRINGTON, Defendant IN DNORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this ~ day of ----rt o{ l '({\I'vYv( ,2006, by and between CHAUNCEY S. FARRINGTON, of Mercers burg, Franklin County, Pennsylvania (hereinafterreferred to as "Husband") and ALISA FARRINGTON, of Mercersburg, Franklin County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on November 4, 2000, in Indianapolis, Indiana; WHEREAS, no children have been born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony andlormaintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. 0' ~ NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though 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 or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BARTO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part ofthe other party which have occasioned the disputes or unhappy differences. 3. SUBSE~UENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania on June 8, 2006, claiming that the marriage is irretrievably broken under Section 3301 (c) ofthe Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) ofthe Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions ofthis Agreement as to equitable distribution of property ofthe parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either ofthe parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any ., ,. such decree, judgment, order or further modification orrevision thereof shall alter, amend or vary any term ofthis Agreement, whether or not either or both of the parties shall remarry. It is the specific intent ofthe parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATIONOFDIVORCEDECREE: Itisfurtheragreed,covenantedand stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations ofthe parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit- claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) ofthe other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature ,. of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result ofthe marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution ofthis Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each ofthe parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Jennifer L. Spears, Esquire, of Martson Deardorff Williams & Otto, counsel for Husband. At the commencement of and at all stages during the negotiation of this Agreement, Wife has been informed that Jennifer L. Spears, Esquire has acted solely as counsel for Husband and has not advised nor represented Wife in any manner whatsoever. Wife, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that she could be represented by counsel but at all times has elected not to be so represented. Wife has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. Husband has been counseled by his attorney, and the parties together have come up with the following agreement. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete ,. disclosure oftheirrespective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party also acknowledges that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Eachpartyrepresentsthatthey have not heretofore incurred or contracted for any debt or liability or obligation for which the estate ofthe other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate ofthe other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date ofthis Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles ofpersonaI property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the f' other. Attached hereto as Exhibit "A" is a list of personal property Wife shall retain, and attached hereto as Exhibit "B" is a list of personal property Husband shall retain. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession ofthe other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that alljoint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner oftheir individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 13. MOTOR VEIDCLES: Husband will retain the 1999 Volvo in his possession as his own property and shall indemnifY Wife as to any liabilities, maintenance and insurance payments regarding this vehicle. Wife agrees to execute any necessary documents to transfer the title to Husband solely. Wife will retain the 2004 Volvo in her possession as her own property and shall indemnifY Husband as to any liabilities, maintenance and insurance payments regarding this vehicle. Husband agrees to execute any necessary documents to transfer the title to Wife solely. 14. AFfER-ACOUIRED PROPERTY: Each ofthe parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 15. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2006. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either .. of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 17. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest oftheir lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and! or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 18. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Each party shall retain any and all pensions or investment accounts in their name, to which the other party waives all rights or claims. .. 19. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 20. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 21. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 22. BREACH: If either party breaches any provision 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 reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 23. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in anyway, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result ofthe marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will ofthe other, and the right to act as administrator or executor ofthe other's estate, and each will, at the request ofthe 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 such interests, rights and claims. .. . ., 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits ofthe parties hereto and theirrespective heirs, executors, administrators, successors and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions ofthis Agreement. 27. VOID CLAUSES: Ifanyterrn, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy ofthe financial disclosure ofthe other as an inducement to the execution of this Agreement. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions ofthis 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 any ofthe provisions ofthis Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. ~ 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations ofthe parties. 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. AL) (SEAL) .... ~ cI' COMMONWEALTH OF PENNSYLVANIA COUNTY O~G..1Lt-\ ~ n : SS On this, \ l.\ day of ~i1'" W , 2006 before me a Notary Public, personally appeared Chauncey S. Farrington, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the pmposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~x~ Not Pu i COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~lliLt.\ ;Y\ COMMONWEALTH OF PENNSYLVANIA I Notarial Seal : Misty F. Bray, Notary Public i Mercersburg Boro, Franklin County . My Commission Expires Aug. 21,2010 Membei, Pen~sy!vania Association of Notaries : SS On this, the li day of ~'hJ'€.nLhe ( , 2006 before me, a Notary Public, personally appeared Alisa Farrington, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the pmposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. ~1d ~ BXlJ Notary ub COMMONWEALTH OF PENNSYLVANIA Notarial Seal Misty F. Bray, Notary Public Mercersburg Boro, Franklin County My Commission Expires Aug. 21, 2010 Member, Pennsylvania Association of Notaries Exhibit A: Personal Property Wife All property in Keil Hall excepting items listed ~ C~ Exhibit B: Personal Property Husband Property in Greencastle and Waynesboro storage Distribution Date: (11/29) TV: Sony Trinitron Dog Bookcase Desk Desk Chair Sapphire Necklace Green Chair -----=... .......) "-:'.~ D '11 .--/ ~~ ~._-' ~:r~ -~: r0 "--1 p. .., F: \FlLES\DA T AFILE\General\Current\ 11733 .I.consetn Created: 6/1/06 8:50AM Revised: 11/27/06 1:00PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CHAUNCEY S. FARRINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3257 CIVIL ACTION - LAW ALISA FARRINGTON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed on June 8, 2006. 2. The marriage ofPlaintiff and Defendant is irretrievably broken and ninety 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. ~ 4904 relating to unsworn falsification to authorities. Date: Ilft-tlo& --- (') ,..." c::::::. 0 C c::::::. .,., :;::- c::r" -""- Z ~ vel! n'lr-', 0 m:D z:j -c: ,- ~>; w -urn 0 61' --t{,:) < -0 -r-r; ec -;'""--n L,---. :J: ~~o >e:: "'-n, ':? ~ ~ a:r ~ Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHAUNCEY S. FARRINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3257 CIVIL ACTION - LAW ALISA FARRINGTON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND ~ 330Hd) 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 in do not claim them before a divorce is granted. 3. I understand that! 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 waiver are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: 11/~00 -' 2 """ ~ c:::;J ~ ~ ~~ -ow % m\,' ~ ~'i~~' c..:> -om :_uh 0 0 :.<: .?-: -:;;:l--ri ~c -0 ?s:D ~.F. ::; 2;:0 '-I'T' J7C: c..:> (), ~ ~ 0:> :< F: IFILES\DA T AFILE\GeneraJ\Current\ 11733. I.pra Created: 6/1/06 8:50AM Revised: 12/1/06 3: 17PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CHAUNCEY S. FARRINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3257 CNIL ACTION - LAW ALISA FARRINGTON, Defendant IN DNORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmitthe record, together with the following information, to the court for entry of a divorce decree: 1. Groundfordivorce: irretrievable breakdown under Section 330l(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via Acceptance of Service dated June 20, 2006. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; November 20, 2006; by the Defendant; November 28, 2006. 4. Related claims pending: All claims have been resolved by a Marital Settlement Agreement dated November 14, 2006. 5. Date Plaintiff s Waiver of Notice in ~330 1 (c) Divorce was filed with the Prothonotary: November 27, 2006. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: November 30, 2006. N DEARDORFF WILLIAMS & OTTO 1 Date: December 1,2006 By J i r L. Spears, Esquire Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~ <:: -oq7 O;s: t~5 -<...: r::; c; ""- ~~~ ~ f"'o.3 c::,::) c:::;:) c:r- <<=' rrt ("") 1 ~ :T!-n mlTi -o~ S .J:~' O. Z o -:...t ~ -0 3 (,..,) .. ~ Cf) if. if. if. if. if. if. if. if.if. if. if. if. if. if. if.if. if. if. if. if. if. if.if. if. if. if. if. if. if. if. if. if. if. if. if. if. IN THE COURT OF CO MON PLEAS OFCUMBERLANDCO NTY CHAlmCEY S. FARRINGTON STATE OF PENNA. if. No. VERSUS ALISA FARRINGTON DECREE IN DIVORCE AND NOW, ~b<r s- z,,,,,, , IT IS ORDERED AND DECREED THAT CHAUNCEY S. FARRINGTON , PLAI NTI FF, AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLIj_OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHI H A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated November 14, 2006, is incorporated into this Decree. if.if.if. if. ROTHONOTARY :f.:+::f.~:+:~ :-f:t::f.:t: if. if. if. if. if. if. if.if.if.if.if.if.if.if. if.if. if.if.if. if.if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. J. _ ~ ~ ~ ~ t:1J(/~ $ . ~I ~b ~~~t1.~ ?fl' :P--c1 , ~. t" v.., .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chauncey S. Farrington, ) Civil Action - Law Plaintiff, ) ) vs. ) No. 06-3257 ) Alisa Farrington, ) Defendant, ) In Divorce a v.m. NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Defendant in the above-captioned matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 8th day of December, 2006, hereby elects to retake and hereafter use her previous name of Alisa D. Springman and gives this written notice avowing her intention in accordance with the provisions of the Act of May 25, 1939, P.L. 192 as amended. To be known as: ( A~A""~. AI~!~~ - COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF FRANKLIN ) On the '11th day of Ja{)u-(~ ' 2007, before me, a Notary Public, personally appeared Alisa D. Farrington nown to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. lhaM- Notary Public 1785332-1 (:J -4s N i5 ~ (') l"-.'l 0 <.= !l C> ~~ c.;;::! -n t ......J <- ::;:J 0 :.0" -,.-n % II 1 p:; =rJ.cn - ~ -V N :_~;~~ (S ~ -;0- .....-; ~ -0 ~;~ ~ ~ .....;- \' G- w -, ..~....", w ~ C) :0 (..r1 -< - J...