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HomeMy WebLinkAbout02-2087IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA L. STITZEL, Plaintiff DALE F. STITZEL, JR., Defendant CWIL ACTION - LAW NO. 2002- IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or 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 ofmamage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your fight to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 RITA L. STITZEL, Plaintiff DALE F. STITZEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- ~ Y7 CO.3A ~7~ IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 29th day of April, 2002 comes Plaintiff, RITA L. STITZEL, by and through her attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiffis Rita L. Stitzel, an adult individual, who currently resides at 101 Hedge Row Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Dale F. Sfitzel, Jr., an adult individual, who currently resides at 310 Hollow Brook Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on January 16, 1999 in Carlisle, Cumberland County, Pennsylvania. COUNT I DIVORCE 5. Paragraphs 1-4 above are incorporated by reference. 6. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) and 3301(d) of the Divorce Code of 1980, as amended. 7. Alternatively, Plaintiff avers that the Defendant has offered such indignities to her, the injured and innocent spouse, as to render her condition intolerable and her life burdensome. The foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as amended. 8. 9. The parties separated on or about June 8, 2001. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the fight to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests that this Honorable Court enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. .COUNT II CLAIM FOR COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 10. Paragraphs 1-9 above are incorporated by reference. 11. Plaintiff requests your Honorable Court to allow her reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Ordering payment of counsel fees and expenses as the Court deems just and reasonable; and D. For such further relief as the Court may determine equitable and just. Respectfully submitted, HANFT & KNIGHT, P.C. ~~sq~ M{/chael J. Hanft, Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information whicl~ has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA L. STITZEL, Plaintiff V. DALE F. STITZEL, JR., Defendant CIVIL ACTION - LAW NO. 2002-2087 IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this [3 day of May, 2002, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on April 29, 2002, but actual service took place on May 2, 2002, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Dale F. Stitzel, Jr. 310 Hollow Brook Drive Carlisle, PA 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & KNIGHT, P.C. Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 · com~e ~em~ ~, 2, ~d 3. ?~ item 4 ~ R~ ~ IS ~r~. I ~nt ~r ~ ~d ~d~ ~ ~e ~ ~ we ~ ~ t~ ~ to y~. . ~ th ...... ~k ~ ~e m~l~e, or ~~~' D. ~.d~av~yaddme~d~.~om~mml? E) No [] Registered [] Return Receipt for Merchandise [] C.O.D. 2. Article Number p"~orm 3811, AuguSt 2001 Domestic Return Receipt 102595-01 .M-0381 RITA L. STITZEL, Plaintiff V. DALE F. STITZEL, JR., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-12087 IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Rita L. Stitzel, in the above- captioned matter. Respectfully submitted, HANFT & KNIGHT, P.C. Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5;373 1:~/~1/02-. PRAECIPE TO ENTER APPEARS, NCE Please enter my appearance on behalf of the Plaintiff, Rim L. Stitzel, in the above- captioned. Ruby D. Weeks, Esquire Attorney ID. No. 10 West High Street Carlisle, PA 17013 (717) 243-1294 RITA L. STITZEL, Plaintiff Vo DALE F. STITZEL, JR., Defendant IN THE ,COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN #2002-2087 CIVIL TERM NOTICE OF ELECTION TO RETAKE MAIDEN NA~I~- Notice is hereby given that the Plaintiff in the above matter, having been Filed for a Final Decree in Divorce from the bonds of matrimony on the 29th day of April, 2002, hereby elects to retake and hereafter use her previous name of Rita L. Young.7~7~-~ ~_~ Rita L. Stitzel TO BE K~[OWN AS: Rita L.-Yo~ng ~- COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On the 16th day of January, 2003, before me a Notary Public, personally appeared Rita L. Stitzel known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public RiTA ~ STITZEL, Plaintiff vs. DALE F. STITZEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLa/~D COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #2002-2087 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c of the Divorce Code was filed on April 29, 2002. 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 of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or'expenses if I do not claim them before' a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Sworn and subscribed to befo er~e t~is ~ day of '~.l~%J~_~-- 20NJ . Notary Public / Rit~ f,." ~-titz~l RITA ~. STITZEL, vs. Plaintiff DALE F. STITZEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL~dgD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #2002-20,87 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 29, 2002. 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 of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: ~- ~J, ~ f~~ ')a~e F.- St~tze~, /~r. Sworn and subscribe~ to otary Public RITA ~. STITZEL, Plaintiff vs. DALE F. STITZEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL~dgD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #2002-2087 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER $ 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 3-/,~--~3 j ~j '~ R~ta ~. Stitz~, ~laintiff / RITA ~. STITZEL, vs. Plaintiff DALE F. STITZEL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL;~gD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #2002-2087 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ] 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concern%ng 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. § 4904 relating to unsworn falsification to authorities. Date: ~J~. dP~ /~/. ~~/~/~// Da~'e F. St~zel~.', Defendant RITA L. STITZEL, DALE F. STITZEL, To the Prothonotary: decree: Plaintiff JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #2002-2087 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 2. Date and manner of service of the complaint: U.S.. Postal Service, Certified Mail, Return Receipt Requested, Restricted Delivery. Number 7001 2510 0000 3071 5886 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff .; by the defendant 5. 3/13/03 3/13/03 Date: March 13, 2003 Related claims pending:. None Date plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: insert Date defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: r the Plaintiff PROPERTY SETTLEMENT AGREEMENT 14, ~ ~'t.~ by and between Dale F. Stitzel, THIS AGREEMENT, dated the?_ day of ,~213,03, Jr., residing at 310 Hollow Brook Drive, Carlisle, Cumberland County, Pennsylvania, 17013, Social Security Number 159-38-3149, hereinafter called the "Husband", and Rita L. Stitzel, formerly Rita L. Young, residing at 101 Hedge Row Lane, Carlisle, Cumberland County, Pennsylvania, 17013, Social Security Number 208-38-5692, hereinafter called the "Wife", who agree as follows: WITNESSETH: WHEREAS, the parties are Husband and Wife, having; been married on January 16, 1999, in Carlisle, Cumberland County, Pennsylvania. The parties separated June 8, 2001. There are no children of this marriage. WHEREAS, diverse, unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband 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 main~Ienance 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 promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as fc, llows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or 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 a 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 prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301© of the Divorce Code of 1980 as amended by Act No. 1990, 206 effective 3-19-91. 2. EFFECT OF DECREE, NO MERGER Neither party to any such action shall ask alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is further understood that Pennsylvania law provides that "a provision of an Agreement regarding child support, visitation or custody shall be subject to modification by the Court upon a showing of changed circumstances". It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue 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 this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this agreement, and it 2 shall be binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto at~ter the date of this agreement, this agreement shall remain in full force and effect in the absence of a written agreement signed by both parties expressly stating that this agreement has been revoked or modified. 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect haw: been fully explained to the parties by their respective counsel, Rob Frey, Esquire, for Husband, and Ruby D. Weeks, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voltmtarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 5. 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 that neither party wishes to exercise their right to have appraisals by experts as to the value of the various interests of the other party. They understand that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 6. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an exchange of information by the parties' attorneys and this Agreement bel~een the parties is based upon this disclosure. 7. OBTAINING INFORMATION ON FINANCES Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation,, their present and past income; and the identity and value of assets both presently owned and transtbrred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon iproperty for inspection. The parties agree to waive any further discovery. 8. PERSONAL RIGHTS Wife and Husband 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. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 9. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 10. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 11. MUTUAL RELEASES 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 any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against tlhe 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, the estate of such other or any part thereof, whel:her arising out of any former acts, contracts, engagements or liabilities of such other or by way 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 fight to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or © an,.,, other country, or 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, equi~table distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, ex:cept, 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 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 fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 12. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of ,one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 13. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or lher possession, and this Agreement shall have the effect of an assignment or bill of sale from each ]party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of 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. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of social security benefits to which either party may have a vested, or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. A. Wife shall retain the following marital property; her wedding and engagement rings, her emerald and black opal rings, her Omega watch, her Sprint stock and the subsequent sale proceeds therefrom. B. Husband shall retain the following marital property; two Pittsburgh Steeler seats, his coin collection, his die cast truck collection, the household contents remaining in the house, and the stocks in his name and the subsequent appreciation thereon. 14. GENERAL: (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securities. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, and securities. (3) Husband and Wife agree that Husband shall pay all costs, including attorney fees, of transferring any property necessary to be titled from joint ownership to that of either party. 15. MOTOR VEHICLES: Each party shall retain title, as their separate property, to any vehicle now in that party's possession. 16. BOATS: The parties agrees that Husband shall be the sole owner of a 32 foot Four Winns cabin cruiser currently titled in joint names. Such ownership shall continue until such time as Husband has fully satisfied the joint debt of approximately $90,000.13,0 still owed to Key Bank account number 03211009072922. Husband agrees to be solely liable for repayment of this debt and shall promptly notify Wife if any payment is late or missed. At such time as this debt is fully satisfied by Husband, Wife shall, within 30 days of same, execute the certificate of title to said boat and transfer all her right, title and interest in the boat to Husband. Husband further agrees to hold Wife harmless from any and all liability of any kind including actual attorney fees to enforce this paragraph if Husband breeches this portion of the agreement which may arise from the debt to KeyBank and which; pursuant to this agreement terms of this agreement which are assumed fully by the Husband. The parties recognize the Husband owns real estate located 310 Hollow Brook Drive, Carlisle, Pennsylvania. This real estate was to be transferred .also into Wife's name, but this was never accomplished. The parties agree that Wife expended approximately $25,000.00 of her funds, acquired before the marriage, on improvements to this property. She agrees to waive compensation for these improvements. 17. DEBTS: Marital Debts: Husband and Wife agree that the debts incurred by Husband and Wife during the marriage to various charge accounts and other outstanding loans shall be assumed by Husband for the existing balance at the time of separation, and Husband agrees to hold Wife harmless of same. 18. FUTURE DEBTS: Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 19. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 20. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified fi'om all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 21. ASSUMPTION OF LIABILITIES. This provision sets forth the method for the payment and assumption of the debts and liabilities o£the parties. Since the assumption is not binding on 'the creditor, the party assuming the debt agrees to indemnify the other party in the event the crediitor seeks to hold such other party liable. Should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 22. INCOME TAX PRIOR RETURNS The parties have heretofore filed joint federal, state and local income tax returns. Husband agrees that in the event any deficiency in federal, state, or local income, real estate or personal tax is proposed, or any assessment of any such tax is made against Wife by reason of Husband having joined in the filing of said joint returns or by reason of Husband's prior omission to file returns or pay such, Husband will indemnify and hold Wife harmless from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therewith, and such tax, interest, penalty or expense shall be paid solely and entirely by Husband, unless said tax, interest, penalty or expense is finally determined to be attributable to Wife's misrepresentations or failures to disclose the nature and extent of Wife's separate income on the aforesaid joint returns. 23. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 24. RETIREMENT FUNDS A. The Husband, who has been employed by 5 Star Leasing Company and prior to that by Keen Truck Leasing and Rollins, Carlisle, Pennsylvania, has accumulated benefits in his retirement account. It is agreed by the parties that the Wife shall waive any interest she may have in any of the benefits, including retirement, which the Husband may have as a result of his employment. Husband also has an IRA to which the Wife waives any interest. B. The Wife, who is employed at Sprint, Carlisle, Pennsylvania, also has retirement and other employee benefits. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a result of her employment. 25. BANKRUPTCY In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be pertbrmed by that party for the benefit of the other party pursuant to the provisions of this Agreement,, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse l0 an interest in all of the debtor's exempt property sufficient to :meet all obligations to the creditor- spouse as set forth herein, including all attorneys' fees and cost,.~ incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 26. DIVORCE Husband and Wife agree that the wife has filed a Complaint in divorce seeking a divorce on the basis of mutual consent. Husband and Wife both agree: that both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. AND the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 27. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsibl.e for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 28. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 29. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of llhis Agreement. 30. 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. 11 31. 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 be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 32. INTEGRATION 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. 33. 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, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 34. WAIVER OR MODIFICATION TO BE IN WRITINC 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. 35. SUBSEQUENT DIVORCE It is contemplated that Wife will proceed with a Complaint in Divorce against Husband in the near future. Husband and Wife each agree to sign an Affidavit of Consent and an Affidavit waiving counseling to be filed in said divorce action. In the evenll such divorce action is concluded, Husband shall be entitled to receive a copy of the Decree in Diw)rce for the normal fee charged by 12 the Prothonotary and shall not be assessed any costs of the proceeding, except as previously agreed to herein in Paragraph 27. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement, which shall not be incorporated by reference into the Divorce Decree, and this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 36. 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 ~md 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. 37. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 38. HEADINGS NOT PART OF AGREEMENT 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness 13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : the/_~day~Z~" of f'-~-q.Lt-~"~, 2~___~,, before me, a Notary Public, the undersigned officer, On this, personally appeared Dale F. Stitzel, Jr., known to me to be the iperson whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA .' SS COUNTY OF CUMBERLAND : On this, the !2 day of '6br qf/,, 2(~,~., before me, a Notary Public, the undersigned officer, personally appeared Rita L. Stitzel, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. lr~otary Pu'bllc I 14 IN THE COURT Of COMMON PLEAS RITA L. Of CUMBERLAND COUNTY STATE OF ~ i,=EN NA. PLAINTIFF VERSUS DALE F. STITZEL, JR., DEFENDANT No. #2002-2087 CIVIL TERM DECREe IN DIVORCE AND NOW, DECREED THAT RITA L. STITZEL DALE F. STITZEL, JR. , /-O~ , IT iS ORDERED AND , PLAINTIFF, AND , 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; A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED A.N-D MADE A PART HEREOF FOR PURPOSES OF ENFORCEMENT. BY THE CO/U/~: ,// /, // ATT ?: /,~ /0 J' ~ ~ROTHONOTARY