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HomeMy WebLinkAbout02-2061PATTI A. DIEHL, Plaintiff EDWARD W. DIEHL, Defendant CUMBERLAND cOUNTY, NO. z?r { CIVIL ACTION - LAW DIVORCE IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CIVIL TERM 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 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, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR AiXrNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. /? CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ?? PATTI A. DIEHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002 - ~%o~; CIVIL TERM : EDWARD W. DIEHL, : CIVIL ACTION - LAW Defendant : DIVORCE AND NOW, this day of , 2002, comes the Plaintiff, Patti A. Diehl, by her attorney, DIANE G. P~ADCLIFF, on April Lemoyne, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment ESQUIRE, and files this Complaint in Divorce of which the following is a statement: 1. The Plaintiff is Patti A. Diehl, an adult individual residing at 923 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025 since 1992. 2. The Defendant is Edward W. Diehl, an adult individual residing at 923 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025 since 1992. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married 18, 1992 at // between the parties. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. The Defendant is not a member of the Armed Services of the United States or any of its Allies, but is a Sr. Master Sergeant in the Pennsylvania Air National Guard, stationed at Fort Indiantown Gap. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken; or that the parties are now living separate and apart, and at the appropriate time, that two WHEREFORE, decree in divorce, Plaintiff will submit an Affidavit alleging the parties have lived separate and apart for at least (2) years and that the marriage is irretrievably broken. Plaintiff requests this Honorable Court to enter a divorcing the Plaintiff and Defendant. 10. COUlqT II: EOUITABLE DISTRIBUTION Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from April 18, 1992 /? 11. 12. until the date of separation, all of which is "marital property". Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. W/{EREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. Respectfully submitted, DI~ANE G~ RAke-OFF, ESQUIRE ~ T~indle .Rc%ad ~1, PA~ 011 Supreme Court ID #32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff /? 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. Section 4904, relating to unsworn falsification to authorities. PATTI A. DIEHL PATTI A. DIEHL, Plaintiff v. EDWARD W. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 2061 CIVIL TERM CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Divorce Complaint has been served upon the Defendant, Edward W. Diehl, by Certified Mail, Restricted Delivery on the 4th day of May, 2002. The return receipt for said mailing is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff - 1 - · Complete items 1, 2, and 3. Also coml31~e item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Rec~ved by (Please P~fnt C~Y) ~-~ Addressee D. isdetive~yaddmssdiflemntfmmlteml? []yes If YES, enter delivery address below: [] No ~ ~egistered [] F~turn Receipt for Mercha~:llse ~ Don~stic ~ EXHIBIT "A" 102595-99-M-1789 PATTI A. DIEHL, Plaintiff EDWARD W. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002 2061 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT 2 o A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 29, 2002 and served on May 4, 2002 by Certified mail, Restricted Delivery. 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. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: ./~~ ~ .~~ EDWARD W. DIEHL PATTI A. DIEHL, Plaintiff V. EDWARD W. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002 - 2061 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECRRR U~-DER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2 o I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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. Section 4904 relating to unsworn falsification to authorities. Dated: /~ ~C~ ~2 ~-~ ~//~~/ EDWARD W. DIEHL PATTI A. DIEHL, Plaintiff EDWARD W. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002 - 2061 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT o A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 29, 2002 and served on May 4, 2002 by Certified mail, Restricted Delivery. o 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. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. EDWARD W. DIEHL PATTI A. DIEHL, Plaintiff EDWARD W. DIEHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002 - 2061 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE IIN-DER SECTION 3301(6) OF T~E DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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. Section 4904 relating to unsworn falsification to authorities.z~__~p/~ ~ ~ Dated, /~3~ 02 ~/~~/~ --/ EDWARD W. DIEHL DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Rev±sea PATTI A. DIEHL, Plaintiff EDWARD W. DIEHL, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : · NO. 2002 2061 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE MARITAL AGREEMENT BETWEEN EDWARD W. DIEHL AND PATTI A. DIEHL DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. TABLE OF CONTENTS INTRODUCTION AND PREAMBLE ................................ i SECTION I General Provisions ....................................... 2 SECTION II Distribution of Property ................................. 12 SECTION III Distribution of Debts ................................... 21 SECTION IV Counsel Fees, Alimony, and Spousal Support ............... 25 SECTION V Closing Provisions and Execution ......................... 26 DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. INTRODUCTION AND PREAMBLE THIS AGREEMENT made this __ day of October, 2002, by and between PATTI A. DIEHL ("Wife") of 923 Wertzville Road, Enola, PA 17025 and EDWARD WARREN DIEHL ("Husband") of 923 Wertzville Road, Enola, PA 17025. W I TNE S E TH : WHEREAS, the parties hereto are husband and wife, having been married on April 18, 1992 in Lemoyne, Cumberland County, Pennsylvania. WHEREAS, There were no children born of this marriage. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, 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 relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. SECTION I GENERAL PROVISIONS SECTION 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. SECTION 1.02. DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. SECTION 1.03. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement, in which event the parties shall be restored to the same legal position each had been immediately prior to the execution of this Agreement, and either party may then proceed with the litigation of any claims heretofore raised in this divorce action the same as of this Agreement has never been executed by the parties. SECTION 1.04. EFFECT OF DIVORCE DECREE Unless otherwise specifically provided herein, this Agreement - 2 - DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. SECTION 1.05. INCORPORATION INTO DIVORCE DECREE The terms of this Agreement shall be incorporated into, but not merged with the Divorce Decree which is to be entered with respect to them. SECTION 1.06. -~ This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. SECTION 1.07. DATE OF EXECUTION The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. SECTION 1.08. 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. SECTION 1.09. EXECUTION AND FAIRNESS OF AGREEMENT Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement' to be reasonable under the circumstances. Further, Husband acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that he accepts said Agreement and that said acceptance is not based on any advice or representation made by Wife's counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to Husband by said counsel. - 3 DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. SECTION 1.10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. SECTION 1.11. PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decisions on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: 1.11.a. /2ay_e]at.D~.~: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. 1.11.b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings - 4 - DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. pursuant to an order of court. 1.11.c. D~CD_V_~T~: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. 1.11.d. Dete~,ination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. 1.11.e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. SECTION 1.12 . ~ The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. SECTION 1.13. SOCIAL SECURITY BENEFITS The parties agree that, subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. DIEHL 10.3.02. MARITAL AaREEMENT; Revised 10/4/02; Revised 10.16.02. SECTION 1.14. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. SECTION 1.15. MUTUAL RELEASES Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: 1.15.a. Claims Against Property or Estatm: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. 1.15.b. Dower. Curtesy. Widows Rights: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy 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; 1.15.c. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (I) the Commonwealth - 6 - DIEHL 10.3.02. MARITAL A~REEMENT; Revised 10/4/02; Revised 10.16.02. of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; 1.15.d. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. 1.15.e. Breach Exception: The foregoing shall not apply to 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 the intention of Husband and Wife to give to each other by the execution of this 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 provisions thereof. SECTION 1.16. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. SECTION 1.17. MUTUAL COOPERATION Each. party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. SECTION 1.18. 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. DIEHL 10.3.02. MARITAL A~REEMENT~ Revised 10/4/02~ Revised 10.16.02. SECTION 1.19. ~ This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. SECTION 1.20. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith, (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. SECTION 1.21. 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 in no way affect the right of such party hereafter to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or similar nature. SECTION 1.22. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: 1.22.a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. - 8 - DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. 1.22.b. D_~a~a: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. 1.22.c. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. 1.22.d. Other Remedies: Any other remedies provided for in law or in equity. 1.22.e. Considerations for Reasonable Attorneys Fees: Any award of ~reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. SECTION 1.23. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. SECTION 1.24. SEVERABILITY If any term, 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 remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. DIEHL 10.3.02. F~tRITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. SECTION 1.25. HEADINGS NOT PART OF AGREEMW. NT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION 1.26. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: 1.26.a. ~: The parties have heretofore filed joint federal and state returns. 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 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 failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 1.22.b. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. SECTION 1.27. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. SECTION 1.28. MANNER OF GIVING NOTICm. Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. - 10 - DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02~ Revised 10.16.02. SECTION 1.29. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. THIS SPACE INTENTIONALLY LEFT BLANK 11 DIEHL 10.3.02. MARITAL A~REEMENT; Revised 10/4/02; Revised 10.16.02. SECTION II DISTRIBUTION OF PROPERTY SECTION 2.01. FINAL DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. SECTION 2.02. WAIVER OF INHERITANC~ Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. SECTION 2.03. AS IS CONDITION Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. 2.04. AFTER-ACQUIR~D PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, after the date of the commencement of the above referenced divorce action with full power in him or her to dispose of the same 12 - DIEHL 10.3.02. MARITAL A~REEMENT; Revised 10/4/02; Revised 10.16.02. as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. SECTION 2 . 05. PERSONAL PROPERTy With respect to the tangible personal property of the parties including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") , the parties agree as follows: 2.05.a. D~: Husband and Wife do hereby acknowledge that they have previously agreed to a division of their Personal Property. Pursuant to that agreement the following shall apply: 2.05.a.1. Husband's Pre-Marital Property: Any and all property owned by Husband prior to the date of the parties' marriage shall remain the sole and separate property of Husband. 2.05.a.2. Wife's Pre-Marital Property: Any and all property owned by Wife prior to the date of the parties' marriage shall remain the sole and separate property of Wife. 2.05.a.3. Pets: The male chocolate Labrador Retriever shall be the sole and separate property of Husband, and the female Yellow Labrador Retriever and the male cat shall be the sole and separate property of Wife. 2.05.a.4. Marital Property: The property acquired by the parties during their marriage shall be distributed in accordance with the following schedule and the party who is to receive that property in accordance with this schedule shall hold the same as his or her separate property: - 13 - DIEHL 10.3.02. MARITAL A~REEMENT; Revised 10/4/02; Revised 10.16.02. DESCRIPTION DISTRIBUTE DISTRIBUTE TO HUSBAND TO WIFE Couch in basement X love seat in basement X Lawnmower X Chipper Shredder X Snow Blower X Kitchen Table Set X C Band Satellite Dish X Barbeque Grill X Aquarium X Dehumidifier X Computer and Computer Desk X Sony TV X DVD X VCR X 3 Telephone X 1 Telephone X 2 Rugs X Upstairs Office Chair X Downstairs Office Chair X Washer & Dryer X Christmas Decorations X Marital Dishes Pots Pans Silverware and SPLIT SPLIT Other Marital Kitchen Items Some Plantings: 2 Blueberry Bushes; X 1 Crepe Myrtle; 1 Butterfly Bush; Miniature Roses; Bush in Front Left Garden 14 DIEHL 10.3.02. MARITAL A~REEMENT; Revised 10/4/02; Revised 10.16.02. 2.05.b. Waiver: The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. SECTION 2.06. VEHICLES. BOATS AND THE LIKR With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: 2.06.a. Wife's Vehicle(s): The parties are the joint owners of a 1999 Pontiac Grand Am, which is subject to a debt owed to Member's 1st Federal Credit Union. This 1999 Pontiac Grand Am shall be the sole and separate property of Wife. Wife has applied for the refinance the Member's 1st debt and shall complete that refinance within thirty (30) days of the date of this Agreement. Wife shall prepare and deliver to Husband and Husband shall execute and deliver to Wife the documents necessary to transfer the title and tags to this Vehicle into her sole name. 2.06.b. Husband's Vehicle(s): The parties were previously the joint owners of a Ford Explorer which was sold and traded in to acquire the 2000 Mercedes 320 titled in the sole name of Husband and subject to a loan owed to Members 1st Federal Credit Union incurred in his sole name. The trade-in value of the Ford Explorer and the 2000 Mercedes 320 shall be the sole and separate property of Husband. 2.06.c. ' ' : The parties are the joint owners of a 1998 Pontiac Sunfire, which is subject to a debt owed to GMAC, and was acquired on behalf of Wife's son. This 1998 Pontiac Sunfire shall be the sole and separate property of Wife and her son. Wife shall apply for refinance the GMAC debt on or before November 3, 2002, the date of her son's 18th birthday, and shall comPlete that refinancing within on or before December 3, 2002. Wife shall prepare and deliver to Husband and Husband shall execute and deliver to Wife the documents necessary to transfer the title and tags to this Vehicle into - 15 - DIEHL 10.3.02. F~tRITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. Wife and her son's names. 2.06.d. Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement. 2.06.e. Liens: In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. 2.06.f. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. SECTION 2.07. ~ The parties are the owners of a certain tract of improved real estate known and numbered as 923 Wertzville Road, Enola, PA 17025, ("the Real Estate") and which is encumbered with a mortgage owed to Blue Ball National Bank and a Home Equity Loan Mortgage owed to PNC ("the Mortgages") . With respect to the Real Estate and the Mortgages the parties agree as follows: 2.07.a. ~: Wife shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Real Estate, and Wife specifically waives, releases, renounces and forever abandons all Wife's right, title and interest therein. The deed of conveyance therefor shall be executed by Wife at the signing of this Agreement and held in escrow by Wife's attorney's pending the refinance or sale as set forth in subparagraph c. or d. below and payment of the sum of $43,000.00 set forth in Section 2.11 herein, at which time the deed shall be delivered to Husband for recordation. 16 - DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. 2.07.b. Liens, ~n~l~hrances and Expense~: The said conveyance shall be subject to all liens and encumbrances including, but not limited to, the lien of the Mortgages, real estate taxes and any other municipal liens. The conveyance shall further be under and subject to any covenants and restrictions of record. Except as hereinafter provided, Husband shall be solely responsible for the payment of the Mortgages, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. 2.07.c. ~L~: Husband shall refinance the Mortgages within sixty (60) days of the date of this Agreement so as to release Wife from further liability thereunder. The costs of refinancing shall be paid by Husband. If at the time of refinance any balance remains in the parties' mortgage escrow account established for the purpose of payment of taxes and insurance, and that balance is refunded to the parties or either of them, then that escrow balance shall be equally divided between the parties at the time of receipt of the payment. If instead that escrow balance is used to reduce the principal balance owed on the Mortgage, then Husband shall pay Wife fifty percent (50%) of the escrow balance amount used to reduce the Mortgage payoff amount, which payment shall be made at the time of settlement on the refinancing and shall be in addition to the $43,000.00 payment set forth in Section 2.11 herein. 2.07.d. ~: In the event Husband is unable to secure the refinancing and release, then the Real Estate shall be listed for sale and sold at the best price obtainable. At settlement on said sale the net proceeds after payment of all normal and reasonable settlement costs and payment of all existing liens, mortgages and encumbrances, shall be paid to Husband as Husband sole and separate property with the exception of the $43,000.00 monetary payment to be paid to Wife pursuant to the terms of Section 2.11. herein. 2.07.e. Taxes upon Sal~: Further in the event of sale, Husband shall be solely responsible for the timely and prompt reporting and payment of any and all taxes, including capital - 17 - DIEHL 10.3.02. MARITAL A~REEMENT; Revised 10/4/02; Revised 10.16.02. gains taxes or the equivalent, and shall report the same on Husband's applicable income tax returns and shall indemnify, protect and hold Wife harmless therefrom. 2.08.f. Wife's Occupancy Rights/Sharing of Household Bills: Until Wife is able to find a home to purchase and is able to relocate, wife shall be permitted to occupy the Real Estate jointly with Husband. During her occupancy the parties shall equally share in all household expenses arising out of their joint use and occupancy of the Real Estate including, but not limited to, payments of the Mortgages, Real Estate taxes and insurance, utilities, and the like. 2.08.g. T~~L~: For the 2002 tax year and each tax year thereafter until the Marital Residence is sold, each party shall be entitled to claim as a deduction on his or her applicable individual tax return(s) that portion of the payment of the mortgage interest and real estate taxes that he or she has made during that tax year. SECTION 2.08. TIME SHARE UNITS The following shall apply regarding the parties' two time share units: 2.08.a. Powhatan: The Powhatan Time Share Unit shall be transferred into the sole name of wife and shall be and remain her sole and separate property. 2.08.b. ~T~L~: The Greensprings Time Share Unit shall be transferred into the sole name of Husband and shall be and remain his sole and separate property. 2.08.c. Transfer Costs: The costs of the transfer of the two (2) time share units shall be paid fifty percent (50%) by Wife and fifty percent (50%) by Husband. 2.08.d. Memberships: To the extent possible and reasonably financially feasible the Sunterra and RCI Membership shall be split so that each party shall become a separate individual member, not a joint member with the other party. Otherwise, the parties shall hereafter mutually agree to the division of - 18 - DIEHL 10.3.02. MARITAL AaREEMENT; Revised 10/4/02; Revised 10.16.02. these memberships in another manner. SECTION 2.09. RETIREMENT AND PENSION PLANS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, Military Retirement, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, ("the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. SECTION 2.10. BANK ACCOUNTS/STOCK/LIFE INSURANCe. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. As clarification of the foregoing, it is acknowledged that the Members 1st Account #25405 was Husband's account prior to marriage and that he will retain that account and remove Wife's name therefrom. SECTION 2.11. MONETARY PAYM~ In consideration of the division of the marital assets and debts herein provided, Husband shall pay Wife the sum of $43,000.00. Said payment shall be made within sixty {60) days of the date of this Agreement at the time of completion of Husband's refinance referred to in Section 2.07 herein. Upon said payment 19 - DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. and the refinance of the Mortgage set forth in Paragraph 2.07 herein, Wife's attorney shall record the deed of conveyance for the Real Estate for Husband as required in Section 2.07 herein. If Husband is unable to refinance the Mortgages and as a result the Real Estate is to be sold as provided in Section 2.07 herein, then the payment to wife shall be made upon settlement of the sale of the Real Estate. SECTION 2.11. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non- taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. THIS SPACE INTENTIONALLY LEFT BLANK - 20 - DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. SECTION III DISTRIBUTION OF DEBTS SECTION 3.01. WIFE' S DEBTS Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. SECTION 3.02. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. SECTION 3.03. MARITAL DEBT During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, {"the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: 3.03.a. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment for the payment of any portion of the Marital Debts that a party may have made prior to the execution of this Marital Agreement, whether or not that debt is specifically referenced in this Paragraph. - 21 - DIEHL 10.3.02. MARITAL A~REF/~ENT; Revised 10/4/02; Revised 10.16.0~. 3.03.b. J_~: Other than the Mortgages referred to in Section 2.07 herein, the parties acknowledge that only one (1) joint debt exists, being the MBNA credit card account having a balance of approximately $4,000.00 more or less. That debt shall be equally divided between and equally paid by the parties, in regular installments so that the credit card balance is paid in full within six (6) months of the date of this Agreement. 3.03.c. ~k~L~: Wife shall be solely responsible for the following bills and debts: 3.03.c.1. ~: Fifty percent (50%) of the MBNA debt referenced above; 3.03.c.2. V~: Any vehicle loan for Wife's Vehicle(s) as required and set forth in Paragraph 2.06 herein. 3.03.c.3. Taxes for Retir~nt Withdrawals: Any and all taxes resulting from her withdrawal of any funds from her Retirement Plans set forth in Paragraph 2.08 herein; 3.03.c.4. Other Individual Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. 3.03.d. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 3.03.d.1. ~: Fifty percent (50%) of the MBNA debt referenced above; 3.03.d.2. v~: Any vehicle loan for Husband's Vehicle(s) as required and set forth in Paragraph 2.06 herein. 3.03.d.3. Mortgage and Refinance Costs: The Mortgage and the costs of the refinance of the Mortgage as required and set forth in Paragraph 2.07 herein; - 22 - DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. 3.03.d.4. Real Estate Exp_~nse~: Any and all expenses associated with the Real Estate as required and set forth in Paragraph 2.07 herein. 3.03.d.5. Taxes from Sale of Real Estate: Any and all taxes resulting from the sale of the Real Estate as required and set forth in Paragraph 2.07 herein; 3.03.d.6. Taxes for Retir~nt WithSvawalfI: Any and all taxes resulting from his withdrawal of any funds from his Retirement Plans set forth in Paragraph 2.08 herein; 3.03.d.7. ~: The Sears credit card account balance. This account was husband's prior to marriage. He shall cause her name to be removed from this account and will assume any balance owed on this account. 3.03.d.8. Other Individual Dehtn: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name and not otherwise provided for herein. 3.03.e. Ellza~eth Brandler Claim: The parties have received notice of a possible claim by Elizabeth Brandler arising out of a dog bite occurring in the Marital Residence in June of 2002. If that claim is pursued, the parties will cooperate with each other and the homeowners insurance company in defending against the claim and shall not take any position adverse to the other party. If it is determined that any amount in excess of the homeowner's insurance policy amounts are payable by the parties as the result of said claim, the parties shall each pay fifty percent (50%) of that amount. 3.03.f. InS-m~ification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. 3.03.g. Cancellation of Joint Debt~: Any joint credit cards or other loans and debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the 23 - DIEHL 10.3.02. N/ARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. party incurring said charge shall immediately repay the same. 3.03.h. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 3.03.i. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 3.03.j. ~: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. SECTION 3 . 04 . INDEMNIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. THIS SPACE INTENTIONALLY LEFT BLANK - 24 - DIEHL 10.3.02. MARITAL AaREEMENT~ Revised 10/4/021 Revised 10.16.02. SECTION IV COUNSEL FEES, ALIMONY, AND SUPPORT SECTION 4.01. COUNSEL FEES Each party shall pay fifty percent (50%) of the fees charged by wife's attorney, Diane G. Radcliff, Esquire for her services regarding the above referenced divorce action and the preparation of this Agreement. SECTION 4.02. ALIMONY AND SUPPORT The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. THIS SPACE INTENTIONALLY LEFT BLANK - 25 q DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. CL0$ ING SECTION V PROVISIONS AND EXECUTION 5.01. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 5.02. FACSIMILE SIGNATURE Each party agrees to accept signatures hereto. and be bound by facsimile 5.03. BINDING EFFECT BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement in various counterparts, each of which shall constitute an original. WITNESS: PATti A. DIEHL (SEAL) Date: Date: - 26 - DIEHL 10.3.02. MARITAL AGREEMENT; Revised 10/4/02; Revised 10.16.02. COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this the %&~ay of October, 2002, before me the undersigned officer, personally appeared, PATTI A. DIEHL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that PATTI A. DIEHL executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. (My CommisSion Expires: COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND Notarial Seal Diane G. Radcliff, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Jan. 11, 2004 Meml3er, PennsyNan~a A~socb~:m of Nota~ On this the I ~day of October, 2002, before me the undersigned officer, personally appeared, EDWARD W. DIEHL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that EDWARD W. DIEHL executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF I have here~~notarial ~pires: Notarial Seal Diane G. Radcliff, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Jan. 11, 2004 M ember, Pen nsyivania Association ot Notarle~ PATTI A. DIEHL, : Plaintiff : : V. : : EDWARD W. DIEHL, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 2061 CIVIL TERM CIVIL ACTION - LAW DIVORCE PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of filing of Complaint: April 29, 2002 b. M~nner of service of Complaint: Certified Mail, Restricted Delivery c. Date of Service of Complaint: May 4, 2002 3 o DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. ~: October 16, 2002 b. ~: October 16, 2002 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE ANDDATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. D~Lg~_E13~: N/A c. ~: N/A RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated October 16, 2002, which Agreement is to be incorporated into but not merged with the Divorce Decree. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D)(1)(I) OF THE DIVORCE CODE: a. D~: N/A b. Manner of Service: N/A OR DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE PROTHONOTARY: a. Plaintiff's Waiver: October 21, 2002 b. Defendant's Waiver: October 21, 2002 WAS FILED WITH THE bI~IEC. P~LIFF, ESQUIRE 3~Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PATTI A. DIEHL, Plaintiff VERSUS EDWARD W. DIEHL, Defendant PENNA. NO. 2002-2061 CIVIL TERM DECREE IN DIVORCE AND NOW, 2002 , IT IS ORDERED AND DECREED THAT PATTI A. DIEHL __, PLAINTIFF, AND EDWARD W. DIEHL ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; No issues are outstanding. Ail issues have been resolved and settled by the Parties' Marriage Settlement Agreement dated October 16, 2002, filed of record and incorporated into, but not merged with, this Decree. BY THE COURT: / PROTHONOTARY IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Jill A. Danu, Vo Florin I. Danu, : Civil Action - Law Plaintiff : : : No. 02-2090 : : Defendant : In Divorce a v.m. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit to record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint was mailed to the defendant on June 26, 2002, by certified mail, restricted delivery. Defendant accepted service of the complaint on July 2, 2002. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by plaintiff October 3, 2002; by defendant October I O, 2002. 4. Related claims pending: None. 5. Date plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the prothonotary: October II, 2002. Date defendant's Waiver of Notice in 3301 (c) Divorce was filed with the prothonotary: October 16, 2002. Barbara B. Town~e/n~'- IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ,~ PENNA. NO. 02-2090 JILL A. DANU VErsus FLORIN I. DANU DECreE IN , IT iS ORDERED AND DECREED THAT AND JILL A. DANU FLORIN I. DANU 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; NONE ~OTARY STEPHEN D. HALDERM~.N, PLAINTIFF ANGELA M. H~T.~ERMAN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 2201 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on May 3, 2002 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on May 6, 2002. Thomas D. Gould ID # 36§08 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 STEPHEN D. HALDERM~N, PLAINTIFF V. ANGELA M. HALDERMAN, DE~'~RDANT IN THE 'COURT OF COMMON PLEAS CUMBER~-D COUNTY, PENNSYLVANIA NO. 20012 - 120! CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Angela M. Haldeman, accept service of the Divorce Complaint in the above captioned matter. Dated: Ange~a ~. Halde,'~an 7073 Carlisle Pike Lot # 207 Carlisle, PA 17103 DE FEN DAN T STEPHEN D. H~?.~ERMAN, PLAINTIFF Vo ANGELA M. H~?.~ERM~N, DEFENDANT IN THai COURT OF CO~qON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 2201 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION' TO REOUES~ ENTRY OF A DIVORCE D~C~l~ UNDER SECTION 3301(c) OF THE DIVORCE COD~ 1. I consent to the entry of a final decree 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 sta%%~ents herein are subject to the penalties of 18 Pa. C.S. Section 4!)04 relating to unsworn falsification to authorities. DATED: ANG~/2% M. H~?.DERM~N STEPHEN D. HAT,DERMAN, PLAINTIFF ANGELA M. HALDERMAN, DEFENDANT IN THE COURT OF CO~40N PLEAS CUMBERL~ND COUNTY, PENNSYLVANIA NO. 2002 - 2201 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UND__~R SECTION 3301¢c) OF THE DIVORC~ COD~ 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: STEPHEN D. HAT.~ERMAN, PLAINTIFF Vj ANGELA M. H~?.nERMAN, DE~'w-NDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 2201 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONS~T 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request~n_~sy the decree. ~ ~c~ '" =-~ verify that--the statements made in this Affida ~v~_~'ar~tr~%~~' and correct. I understand that false statements ~herein~ s~l[~oje=t%' to the penalties of 18 Pa. C.S. Section 4904 relating ~ ~o _-,.~ m©sw~n falsification to authorities. DATED: STEPHEN D. H~T.~EP/~AN, PLAINTIFF Vo ANGELA M. HALDERM~N, DEFENDANT IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 2201 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree cz ~ ~ I verify that the statements made in this AffidavJ -~ '~i~ and correct. I understand that false statements herein ~ su~]e%t¥~ to the penalties of 18 Pa. C.S Section 4904 relating u "wo_~ falsification to authorities. DATED: STEPHEN D. ~LDERMAN, PLAINTIFF ANGELA M. HAT.nEP~AN, DE~'.'-RDA~T IN THE COURT OF CO~ON PLEAS CUMBERI~%ND COUNTY, PENNSYLVANIA NO. 2002 - 2201 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable, breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On May 6, 2002 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: 2002; By Defendant, October 23, 2002. 4. Related claims pending: 5. By Plaintiff, October 23, None Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on October 24, 2002. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on October 24, 2002. Thomas D. Gould, Esquire Attorney For Plaintiff STEPHEN D. HALDERMAN, Plaintiff VERSUS ANGELA M. HALDERMAN, Defendant IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~, PENNA. NO. 2002-2201 CIVIL Decree iN DIVORCE AND NOW, DECREED THAT STEPHEN D. HALDERMAN , 2002 , IT iS ORDERED AND , PLAINTIFF, aND ANGELA M. HALDERMAN DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; NONE BY The COURT: /7 ATT ~_~ PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : File No. Defend~t : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marldng "x"] __ prior to the entry of a Final Decree in Divorce, or ~ aRer the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of I.- ~-~'~-> written notice avowing his / her intention pursuant to the pr,~ ~. Date:~ Signature , and gives this 704. Signature of name being resumed OF ? NNrS¥ .VAN ) COUm'V o t..gmsJc, Ld Lc5 On the c~ day of ~-~520_..Q ¢V1~['3C D , 200___~, before me, the Prothonotary or the notary public, personally appeared the above affiant known 'Io me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ODYS. SMITH NOTARY PUBLIC arlisie Boro, Cumberland County [My Commission Expires April 4,200~5 [ Not'Public