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Home My WebLink About06-3484 - MIClIELE R. FROCK, Plaintiff VS. . : CUMBERLAND COUNTY, PENNSYL V ANlA IN TIm COURT OF COMMON PLEAS SaJIT D. FROCK, : NO. CIVIL DMSION 06-.3484 ClVlL TERM Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) 3301 (d) (1) of the Divorce Code. (Strike out inapplicablo section) 2. Date and manner of service of the complaint: hand Deliverv- Jnne 20. 2006 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: byplaintiff 9-20-2006 : by defendant 9-20-2006 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Jnne 30, 2006 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 'Jnne 30 2006 o ~ r--' = = cr"" (/) r'"'1 -.:J N _I -0 o --n --\ :L:n n'c;:, -0111 'jJY C) ('-) -;~ ,;~\f\ ~::::i ~.... ':.0 ~ -' 173 (::;'1 N Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff MICHELE R. FROCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ole -:;lfftI CIVIL TERM v. SCOTT D. FROCK, CIVIL ACTION - LAW IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff MICHELE R. FROCK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVIL TERM v. SCOTT D. FROCK, CIVIL ACTION - LAW IN DIVORCE Defendant AVISO USTED HA SIDO DEMANDADOIA EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demand as presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson. Duffie, Stewart & Weidner By: Mark c. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff MICHELE R. FROCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol.- 3L1P'f CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. SCOTT D. FROCK, Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301lcl OR 3301ldl OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Michele R. Frock, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Scott D. Frock: 1. The Plaintiff is Michele R. Frock an adult individual, residing at 121 Yorkshire Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff's Social Security Number is 182-46-1904. 2. The Defendant is Scott D. Frock, an adult individual, residing at 3712 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant's Social Security Number is 171-46-2677. 3. The Plaintiff and Defendant were married on September 3, 2005, in Mechanicsburg, Cumberland County, Pennsylvania. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The parties separated on or about May 17, 2006. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce. EIDNER :277465 VERIFICATION I, MICHELE R. FROCK, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A ~4904, relating to unsworn falsification to authorities. Date: J.J; .151';( () MPl i2~1 ' MICH LE R. FROCK . . Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie 1.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff MICHELE R. FROCK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No.DL - CIVIL TERM v. SCOTT D. FROCK, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT Michele R. Frock, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. ~904, relating to unsworn falsification to authorities. Date: (p" f),(l)(O ]tl~l{c2u Q!id'~ MICHELE R. FROCK ~ D 'IQ. - 1'~ .c C> . ~ - tJ) 0 r---' ,; C;:;;J 0 G "'() C> C':.~ 'T' el" "<l - --I t ~ ~ frl ::J W " '-nil', U-' - -r(:_\ } --.'.,- ~ " L) ---Y :.-.j (!l -~ 0'''1 :<. Johnson Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 mcd@jdsw.com vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3484 CIVIL TERM MICHELE R. FROCK, Plaintiff SCOTT D. FROCK, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights conceming 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 are made subject to the penalties of 18 Pa. C. S. ~904 relating to unsworn falsification to authorities. Date;J J)' a 7.()[o ~te:ciP} · :278206 c~. ~~. ~,\'\ ',-' c~.l <..:'.-...., -' -" .. .~~'~ Johnson Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 mcd@jdsw.com Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3484 CIVIL TERM MICHELE R. FROCK, vs. SCOTT D. FROCK, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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 are made subject to the penalties of 18 Pa.C.S. ~904 relating to unsworn falsification to authorities. :278206 Date: Co 1J.-1/0t! I I '."..-' c:'l (:..~. / / Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 rncd@jdsw.com Attorneys for Plaintiff MICHELE R. FROCK, Plaintiff v. SCOTT D. FROCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O&i - 34-N CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, SCOTT D. FROCK, hereby accept service of the Divorce Complaint. I certify that I received a true and correct copy of the Divorce Complaint. I certify that I am the Defendant in the above-captioned action and as such, am authorized to accept service of the Divorce Complaint. Date:~ \~ :;;\ ~\~?_L --j ";"- :>' c; -r:~ -- .- C _,J Johnson Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 mcd@jdsw.com MICHELE R. FROCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-3484 CIVIL TERM SCOTT D. FROCK, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDA VlT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on or about June 19, 2006 . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 94904 relating to unsworn falsification to authorities. ! . (' fwD Date: 9-~o- 0(, :278206 (") s; <~ -ati mrr Z"::: /:j:~ C1? ~: -:"~ ~;,'".; 1__ \.. '1l"~_ ~f: Pc:" ?:j .-<. ,......, => <:.:=:> C7' (/') I'T1 -0 N N ~ ~'"" rnF -om ~.;:) 9 00 '.~,:J-r. -"- "l :~o om s;! ~ :0- :::;: - .. (..J U) Johnson Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire 1.0. No. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 mcd@jdsw.com vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3484 CIVIL TERM MICHELE R. FROCK, Plaintiff SCOTT D. FROCK, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDA VlT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on or about June 19, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: 9 - ;;'0- ~~ :278206 () c -"" ~~., ;:g f~; -~?;,. /. '.' "',- S]~;~. c;: ('_. -- ............. r'~ l:::-,. i... ' ~~~~ z, =2 r-.) = ,= C/" c.n rT1 -v N N ~ ~ m~ -elm 6~1 :;1~i ,-- :!J C)o ';'>':rn b ."-l ~ ~ W \.D Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire 1.0. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3484 CIVIL TERM MICHELE R. FROCK, v. SCOTT D. FROCK, CIVIL ACTION -LAW Defendant DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT (hereinafter "Agreement") made this llL. day of ~, 2006, by and between MICHELE R. FROCK, of Cumberland County, Pennsylvania (hereinafter "WIFE"), and SCOTT D. FROCK of Cumberland County, Pennsylvania (hereinafter "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 3, 2005, in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, there are no children born of this marriage; and WHEREAS, a Divorce Action will be filed by WIFE on or about June 16, 2006, in the Court of Common Pleas of Cumberland County; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives; and WHEREAS, the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to the equitable distribution of marital property, past, present and future spousal support, alimony, alimony pendent elite (APL), and in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party in further good and valuable consideration, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Se"aration. The parties hereto shall live separate and apart and will not cohabitate with each other. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such a place or places as he or she may from time to time choose or deem fit. WIFE has vacated and HUSBAND shall possess and occupy the marital residence described herein and pursuant to the provisions contained herein. 2. Interference. From the date of signing this Agreement, each party shall be free from interference, authority and control of the other, as if he or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass or attempt to endeavor to harass the other or compel the other to cohabitate with the other or in any way malign the other, or in any other way interfere with their peaceful existence, separate and apart from the other. 3. Divorce. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault Divorce pursuant to Section 3301 (c) of the Divorce Code. The parties acknowledge that WIFE will file a Complaint in Divorce in the Court of Common Pleas of Cumberland County, on or about June 16, 2006, and service will be effected by personal service evidenced by an Acceptance of Service as signed by HUSBAND. The parties further agree that they will cooperate in signing any consents or other documentation necessary to secure the Section 3301 (c) Divorce under the Pennsylvania Divorce Code. This is to include the delivery of the Affidavit of Consent and other documentation immediately following the expiration of the ninety (90) day period following the filing and service of the Complaint. The parties acknowledge that the terms of this Agreement comprise a full, complete and fair settlement of the marital estate. This Agreement shall remain in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties. The parties agree that the terms of the Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall continue to have independent contractual significance. 4. Division of Personal Pro"ertv. The parties hereto acknowledge that any property purchased, owned or held by that party prior to marriage is non-marital property. Neither party shall make any claim to any such items of non-marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other after the execution of this Agreement except as otherwise specifically provided herein. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. The property shall be deemed to be in the possession or under the control of either party if the item is physically in possession and control of the party at the time of the signing of this Agreement. This division of personal property is intended to be a full and final settlement of the division of tangible personal property. The following items shall be personal property of HUSBAND: 1. Hot tub; 2. John Deere riding mower; 3. York International weight set; 4. Washer and dryer; 5. Sony digital camera; 6. Balance of Lowe's gift card from tax refund; 7. Engagement and wedding ring given to WIFE. WIFE shall receive the following items of personalty: 1. Canon 020 digital camera with 17-120 zoom lens; 2. Canon 80-300 zoom lens; 3. Computerized embroidery machine, all patterns, software and accessories; 4. HP color laserjet 3500 and associated supplies; 5. Epson photo printer and associated supplies; 6. $100.00 Borders, $50.00 Applebee's, $400.00 American Express, $100.00 Linens N' Things, and $400.00 Lowe's gift cards from tax return; 7. Wedding ring given to HUSBAND. 8. Beverage Cooling Center/Wine Refrigerator 9. 2 Headboards/Bed Frames in Attic & basement 10. Half of the jointly owned property (Christmas decorations, camping gear, etc.) that is in the garage, attic and basement to be separated and divided by WIFE and HUSBAND by the end of the 90 day period. With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1995 Dodge Ram 2500 pickup truck, the 1998 Triumph Trophy motorcycle, the 1979 SeaRaider boat, the 1979 Tee-Nee trailer, the 1984 Four Winns boat and trailer and all associated boating accessories each in HUSBAND'S name shall become the sole and separate property of HUSBAND subject to any liens and encumbrances. HUSBAND agrees to make all payments to any lending institution currently holding a lien on any of the said vehicles and HUSBAND agrees to indemnify and save harmless WIFE on account of any said obligations. B. The SeaDoo Watercraft in WIFE'S name shall become the sole and separate property of WIFE subject to any liens and encumbrances. WIFE agrees to promptly make all payments to any lending institution currently holding any lien on said vehicle. WIFE agrees to indemnity and save harmless HUSBAND on account of any said obligation. C. The 2006 Toyota Highlander SUV in joint names shall become the sole and separate property of WIFE subject to any liens and encumbrances. Beginning on June 1, 2006, WIFE agrees to indemnify and hold harmless HUSBAND from any said obligation and HUSBAND waives any right to title, interest or claims otherwise to said vehicle. Except as otherwise provided herein, the title to the said motor vehicles shall be executed by the parties, if appropriate, for affecting the transfer as herein provided, on the date of the execution of this Agreement if the title is in the possession of one or the other party. In the event that either or all of the documents of title to the said vehicles shall be in the hands of a bank or other holder of the lien or encumbrance upon said vehicle, the parties agree to advise such bank or holder as to the transfer of title set forth herein and they further agree to execute whatever documents may be required to transfer title or said document of title as in the hands of such bank or holder. GEICO Auto Insurance provides coverage for the parties' automobiles and watercraft. The policy will remain in joint names to cover all vehicles until either party establishes an individual insurance account but this option shall not extend beyond the date of the Decree in Divorce. To the extent that the parties can discern what each party's percentage obligation for the premiums is, that percentage will govern payment of all future joint insurance bills. To the extent that such a percentage cannot be discerned, the parties will be equally responsible for future bills. WIFE hereby expressly authorizes HUSBAND to sell, on her behalf, the SeaDoo Watercraft and apply the proceeds of the sale against the cash consideration due under paragraph 6(b). WIFE shall retain the authority to approve any final sales price which is less than Ninety-five Percent (95%) of the NADA wholesale value of the SeaDoo Watercraft. 5. Division of Real ProlJertv. HUSBAND is the title owner of a parcel of real property municipally known and numbered as 3712 Lisburn Road, Mechanicsburg, Pennsylvania 17055 ("Marital Residence"). HUSBAND acquired the Marital Residence in his own name prior to marriage and by execution hereof, WIFE agrees to waive any and all right, to title and interest to the Marital Residence. HUSBAND shall save WIFE harmless from any and all past, present and future liabilities or obligations associated with the ownership of the Marital Residence including but not limited to insurance, taxes, utilities and other associated ownership expenses. HUSBAND is the title owner of a second parcel of real property municipally known and numbered as 1, 1A and 3 Umberto Street, New Cumberland, Pennsylvania 17070 ("Rental Property"). HUSBAND acquired the Rental Property in his own name prior to marriage and the by execution hereof, WIFE agrees to waive any and all right, title and interest to the Rental Property. HUSBAND shall save WIFE harmless from any and all past, present and future liabilities or obligations associated with the ownership of the Rental Property including but not limited to insurance, taxes, utilities and other associated ownership expenses. WIFE is the owner of a time-share interest through Hyatt Vacation Properties in Key West, Florida ("Time Share"). WIFE acquired the Time Share in her own name prior to marriage and by execution hereof, HUSBAND agrees to waive any and all right, title and interest to the Time Share. WIFE shall save HUSBAND harmless from any and all past, present and future liabilities or obligations associated with the ownership of the Time Share including but not limited to insurance, taxes, utilities and other associated ownership expenses. 6. Cash Consideration. WIFE shall pay to HUSBAND cash in the amount of Ten Thousand ($10,000.00) Dollars as follows: . $5,000.00 on or before June 17, 2006. . $5,000.00 on or before June 17, 2007. 7. Bank Accounts. As of May 17, 2006, the parties have established individual bank accounts and as of the same date, WIFE agrees to discontinue use of any joint accounts. WIFE further agrees to sign any and all necessary documentation to effect removing her name from any remaining joint bank accounts, specifically the PNC Bank account. 8. Pension and Retirement Benefits. Each party shall retain as their sole and separate property any individual retirement account and/or retirement benefit plan (including but not limited to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401 (k) plans, employee savings and thrift plans, IRA's, or other similar benefits), whether vested or non-vested. The above shall specifically include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Each party shall be and remain sole owner of any other asset in his or her control not specifically covered by the provisions of this Agreement. Should it become necessary, each party agrees to sign any other title or documents necessary to give effect to this section upon request of the other party. Specifically, HUSBAND will retain as his sole and separate property all 401 (k) and retirement accounts through EDS, the CIBER 401 (k) and stock option accounts, and the E trade investment account. Further, WIFE will retain as her sole and separate property the Oppenheimer and Prudential investment accounts. 9. Income Taxes. The parties shall file separate personal income tax returns for tax year 2006. HUSBAND shall claim all income and expenses (including future depreciation) relating to his ownership of the rental property. WIFE shall claim all income and expenses (including future depreciation) relating to WIFE'S business, Dolphin Design. HUSBAND shall claim the 2005 capital gain loss carryover of approximately $11,000.00 on his 2006 and future income tax returns. HUSBAND shall claim as an itemized deduction all interest and taxes paid on the Marital Residence on his individual return. 10. Debt. The parties hereto have the following debts for which HUSBAND shall be responsible and hold WIFE harmless: Nature of Debt Creditor Amount 1. Credit Card Discover Card $9,459.72 2. Credit Card MBNA $17,512.00 3. Home Mortgage Countrywide $217,000.00 4. Furniture Ashley Furniture $5,344.50 5. Sewing Machine Discount Vac $1,850.00 6. Auto Loan (Dodge Ram) Community Banks $19,000.00 7. Rental Property Mortgage Community Banks $105,000.00 8. Student Loan PNC Bank $9,150.00 The following debts or obligations regardless of whether they are in WIFE'S name, HUSBAND'S name or joint names, shall be the responsibility of WIFE and WIFE shall hold HUSBAND harmless from said obligations: Nature of Debt 1. Credit Card 2. Auto Loan (Highlander) 3. Credit Card Creditor Capitol One Toyota Target Amount $4,323.32 $19,000.00 $2,000.00 Any other debts or obligations not specifically set forth herein shall be the responsibility of the party in whose name the obligation was incurred. HUSBAND represents and warrants to WIFE that in the future he will not contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts and obligations incurred by him since the date of their final separation, ~, 2006. WIFE represents and warrants to HUSBAND that in the future she will not contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against her by reason of such debts and obligations incurred by her since the date of their final separation, 5" B , 2006. 11. Alimony. HUSBAND and WIFE waive now and forever, any and all right or claim, past or future, to support from the other, whether the claim be in the form of alimony, alimony pendente lite, or spousal support. Upon the entry of a Decree in Divorce, the parties agree that WIFE shall be responsible for her own health insurance costs. During the pendency of the divorce, HUSBAND shall continue to provide medical and dental insurance through his employer as long as he is reasonably able to do so. During such time, WIFE shall be responsible to pay any copay or deductible incurred as a result of using HUSBAND'S insurance. 12. Life Insurance and Annuities. The parties hereto agree that any life insurance policies or annuities currently owned by either party shall be the sole and separate property of said party. The parties hereto further agree that they shall execute any and all documents necessary to effect the intent of this paragraph. Each party specifically waives any and all right, title and interest to the life insurance policies or annuities of the other party. Each party is free to revise the beneficiary designation on any life insurance policy or annuity owned by that party per this paragraph. 13. Aareement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties; and fully and completely understands each provision of this Agreement. 14. Release of all Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 15. Holding Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 16. Additional Instruments. The parties shall, on demand, execute and deliver to the other any document, specifically including but not limited to, the deed and retirement beneficiary forms, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 17. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is and has been fully and completely informed of, and is familiar with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto. 18. Waiver of Rights to Other Partv's Estate. Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B. To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 19. Containment of Entire Aareement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 20. Partial Invaliditv. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 21. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 22. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 23. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. Mutual CooIJeration. Each of the parties shall, on demand, execute and deliver to the other any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents, and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 25. Law of Pennsvlvania ADDlicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 26. Date of Aareement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 27. Successors and Assians. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns, and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: L_/~ ,/ rt?q?/ u'J 1.~ Date ~ 1)7 J\j lr. ~ :277466 v.2 Q <;-;: -.."" ~., c.J r'f.. (Or\ "';;' ,,; "~;;'~ r;;' ~i~ (- ".. 'j~I.:;.i; :/:.. ~ ~ C1'" (f) f""\ -.;) t,.) '"'" ~ -:t~ p'"\f::: ....,., ,'"0. ~:;:'JC#i (;.)~(~~ ; ';),.{~) . ",\"\ \:?-\ 41 ".4 ~ ,..>.. - -- :;;- o ~~ ~ ~ ~ ~ ~ ~~ ~ ~~~~ ~ ~ ~~~~ ~ ~ ~~ ~~~~~ ~ ~~~~~~~~~~ ~ ~~~~~~~~ ~ IN THE COURT OF COMMON PLEAS : '" OFCUMBERLANDCOUNTY '" STATE OF PENNA. MI<lIELE R. FROCK Plaintiff No, 06-3484 VERSUS srorr D. FROCK Defendant DECREE IN DIVORCE AND NOW, \)~Wa-. J, , ~, IT IS ORDERED AND DECREED THAT MIOIELE R. FROCK , P LA I NT IFF, AN D srorr D. FROCK , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED~ The Marital Settlement Agreement dated April 18, 2006 shall be incorporated, but not merged, into this Divorce Decree and is enforceable as an Order of in 23 Pa.C.S. ~3105 By THE C J. PROTHONOTARY ~~~"''''~'''~'''~~~~ ~"'~ ~ ~~'" ~~~~~~ ~~~~~~~~~~~~~~"'~~ (~.~tY~7~~7 c* -f? ~ ~u '7~' >,-0/ ~ ;2~~.rP '7(/.5.0/ . . '4 \.. · .. ...,.....' ..., t ..> ..'"",")