The URL can be used to link to this page

Home My WebLink About06-5018 " ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA REBECCA M. MERLI, : PLAINTIFF, Civil Action-Divorce DocketNo. ~ (!.~~L'-r~ V. REINHOLD MERLI, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIDS 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, Pennsylvania 17101 (717) 249-3166 , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA REBECCA M. MERLI, PLAINTIFF, Civil Action-Divorce Docket No. V. REINHOLD MERLI, DEFENDANT, A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anularninento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclarnados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DlVORCIO 0 ANULlAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS.USTED DEBELLEV AR ESTE PAPELA UN ABOGADO DE INMEDlATO SI NO TIENEPUEDEPAGAR UN ABOGADO. V AYA 0 LLAME A LOFFICINAINDICADA ABAJO PARA A VERlGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301 (c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievabie Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATrORNEY & COUNSEWR AT LAW G A mey for Plamtiff West Main Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA REBECCA M. MERLI, PLAINTIFF, Civil Action-Divorce DocketNo. t1l. - 5fJJ! Cu~tT~ V. REINHOLD MERLI, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(>>) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Rebecca M. Merli, an adult individual, sui juris an who currently resides 29 Drexel Place, New Cumberland, 17070 in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Reinhold Merli, an adult individual, sui juris, who currently resides at 29 Drexel Place, New Cumberland, 17070 in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married onthe 6th day of June 1998, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. GROUNDS FOR DIVORCE REQUEST FORA NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since June of 1998. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. II. The parties have two biological children born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, alimony, or property division. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSEWR AT LAW VERIFICATION I verify that upon personal'.knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 1 904, relating to unsworn falsification to authorities. Date: f 9 / tJ(p J .A ~ ~'1 ~ ~ 0- ~ ~ ~ .0 () . ~ ~ ~ ~ ~ () g; ~ ~, ~ "f1i f2 ~\~\ ~ 1~t? 7' '" "19, ~i) "\,'.-;") ...", (;!9, <"'_.'. - 't.. ~:~ S ~ 2 '" G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYLVANIA REBECCA M. MERLI, PLAINTIFF, Civil Action---Divorce Docket No. 2006-5018 VS. REINHOLD MERLI, DEFENDANT, CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 4th day of September, 2006 I made service of the foregoing Divorce Complaint and Amended Divorce Complaint and related documentation upon the defendant David H. Taft, by way of first class mail postage prepaid. DATED: 12/10/2006 o f r--.:> = <= er- a J1i CJ 1',:1 o '.n co .r:;- U,) Clt~b~'awJ IN THE COURT OF COMMON PLEAS ~lt""'~8N COUNTY, COMMONWEALm OF PENNSYLVANIA REBECCA M. MERLI, PLAINTIFF, Civil Action---Divorce Docket No. 06-5018 v. REINHOLD MERLI, DEFENDANT, ACCRPTANCR OF SRRVTCR I, REINHOLD MERLI, accept service of the Complaint in Divorce, and all related documentation attached thereto, in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. 9 - 1 ~ ()~ Date R~~~ Reinhold Merli, Defendant 29 )i~ ~tAC2-/ #aU. CrJA1&Bt-M7JlJ( lli( /7070 Mailing Address IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. REBECCA M. MERLI, PLAINTIFF No. 2006-5018 VERSUS REINHOLD MERLI, DEFENDANT DECREE IN DIVORCE AND NOW, \) t.c.e.,~ ~e..( l.e , 1..00~, IT IS ORDERED AND DECREED THAT REBECCA M MEllI.T , PLAI NTI FF, AND REINHOLD MERLI , 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; IT IS FURTHER ORDERED, THAT THE MARITAL SETTLEMENT AGREEMENT EXECUTED BY TIlL PARTIES ON THE ISTH D"A_Y OF NOVFMHF.R, 2006 SHALL BE INCORPORATED INTO THE DIVORCE DECREE AND NOT MERGE, AND SHALL BECO~1E AN ORDE~ OF cnlTRT AND ENFORCEABLE AS SUCH. --- -~;7.~ ~">1/ ~lI, 4~~P~~ ?;l 'II?;' ~/ ~) .;c~?J C,) ?"'/ / i] ~, / t-...) = c;:,;} w.... o rif n ['.,) :I::,~ - ~'" G:) Ul <::) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA REBECCA M. MERLI, Plaintiff, No. 2006-5018 v. : Civil Action - Divorce REINHOLD MERLI, Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Defendant, Reinhold Merli: You have been sued in an action for divorce. You have failed to answer the complaint OR FILE A COUNTER AFFIDAVIT TO THE 3301 (D) AFFIDAVIT. Therefore, on or after DECEMBER 22ND, 2006 the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: December 1 st, 2006 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE Carlisle, Pennsylvania 17101 (717) 249-3166 ,..." = c::::::> CT> o rr! n f'.) o ., ::;:! ril -n c<" IT '-i <, , ,. ~ -,.""" ~ --" t -".I co U1 <=> .':'~j(.L ~ :n -< IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEAL TH OF PENNSYL VANIA REBECCA M. MIXELL, Plaintiff, No. 2006-5018 v. : Civil Action - Divorce REINHOLD MERLI, Defendant NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter Affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDA VIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on June 6TH, 1998 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. S 4904 relating to unsworn falsification to authorities. Date: J;{/iP jC)(p ,L m 'JUJ'LJL :;:3 <::) <:::? "Tl c.."1"" C'I r'. C") I'.) ::t~." C') en o IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEAL TH OF PENNSYL VANIA , REBECCA M.M ef' J t Plaintiff, No. 2006-5018 v. : Civil Action - Divorce REINHOLD MERLI, Defendant NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter Affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on June 6TH, 1998 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. S 4904 relating to unsworn falsification to authorities. Date: /2 - b - O/t> jJ . ^~ht~i -Jtu..I'; Reinhold Merli, Defendant () C J~~ "> = l~ C--... c:.2 j., ri N ;3::;;,. -.':'''' co (~ .~,' 1 C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA REBECCA M. MERLI, PLAINTIFF, Civil Action---Divorce Docket No. 2006-5018 vs. REINHOLD MERLI, DEFENDANT, COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): _ (i) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before the divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing an serve them on the other party. If! fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. Date: Reinhold Merli, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE TmS COUNTER-AFFIDAVIT. ,..." = ~::;::.10 0"" o r"11 c-') 1",) ~ en .. CJ1 o SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF REBECCA M. MERLI AND REINHOLD MERLI TIDS AGREEMENT, made this /sfh, day of TV~UPHb6' r ,2006, by and between Rebecca M. Merli, hereinafter referred to as " Wife", and Reinhold Merli hereinafter referred to as" Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 6th, 1998 ; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: 1. SF,PARATTON~ It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. TNTF,RFF,RF,NCF,~ Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3. WTFF,'S nF,RTS~ " . .' . Wife represents and warrants to Husband that since their separation on or about December of 1998 she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of the divorce decree. 4. mrSRAND'S DRRTS: Husband represents and warrants to Wife that since their separation on or about December of 1998, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife hannless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. 4. 01JTST ANDIN~ .IOINT DRRTS: It is represented as between the parties that there are currently joint marital debts incurred during the marriage and consisting of a home mortgage and financing on an automobile with these debts to be adjudicated as hereinafter outlined within this document. 6. MUTUAL RRI,RASR. Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. RQIJTTARLR DISTRIRlJTION OF MARITAL PROPRRTV: The parties have attempted to distribute their marital property in a manner which confonns to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health , station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; 2 the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, ftmds or other property not constituting marital property. A. DTSTRmTmON OF PFRSON AT, PROPFRTV The parties hereto mutually agree that they will divide equally all personal items consisting of, but not by way of limitation, the household furnishings, appliances, and other household personal property of whatever type, description, and fonn, 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 as listed hereunder and described as follows: The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. shall be entitled to the personal items listed hereinafter: WIFE'S ITEMS 1. Kitchen table and chairs 2. silverware/glasses/plates 3. pots and pans 4. dining furniture/table chairs corner cabinets, tall one and half one. 5. all decorations in kitchen and dining room 6. small tablee with shelves 7. dining room wall hanging and all wine pictures, wine plates, wood barrel 8. living room couch, love seat, coffee table, 9. fireplace piece of furniture/fireplace stand/wooden fireplace screen hand painted 10. all knick nacks on book shelves with Louie Lamar book set 11. pictures of country setting in oil washed pain in downstairs basement 12. the clock standing in living room 13. the standing lamp in living room 14.2 bookshelves in basement 15. 3 piece TV entertainment set in basement 16. the round wood table 17. the Christmas tree and all decorations 18. all furniture in the 3rd floor which includes desks, couch and rocker, chair ottoman, 3 tvs,2 stereos, mirror TV stand, all clothing and both children's. HUSBAND'S ITEMS 1. 3 book shelves in Teak Wood 2. 3 Oil paintings and books on the shelves except Louie LaMar series 3. small tree with box of Christmas decorations 4. exercise equipment 5. coffee table 6. chair 1 7. love seat 8. couch 9. downstairs tv ALL MOVIES SHALL BE DIVIDED EQUALLY All other items not specifically enumerated above shall be divided as the parties may agree. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 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 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 is such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to hislher separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during or after the 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. 8. RF.AT, PROPF.RTV: The parties to this agreement have a legal, equitable, and possessory interest in real property consisting of a Town House, located at 29 Drexel Place, New Cumberland, PA. 17070 in the County of Cumberland. Husband agrees to pay to Wife nine hundred and fifty dollars per month ($950.00) dollars while he continues to reside within the home. Husband's monthly payment shall end when he moves from the marital residence. Husband further agrees to convey to Wife all legal and Equitable ownership of the home by executing a Deed into Wife's name solely. If Wife chooses to sell the home at any time thereafter she agrees to divide the equity equally with Husband provided he remains in the home at the time of sale. If Husband moves out of the residence prior to the sale of the home, his portion of the equity of the home shall be determine at the time he moves out of the residence and not at the time of the sale of the home and Wife will therefore determine Husband's one-half interest of the profits from the sale of the home, based on the Equity existing at the time husband has departed from the Marital residence. Husband and Wife are the legal owners of a piece of land located in Polk County Florida. Husband agrees to place the property for sale and shall split the profits from the sale of the property with Wife equally after the payment of all liens and encumbrances of record. Should Husband predecease Wife prior to the sale of the property, Wife shall have a claim against Husband's Estate for one-half of the value of the property which shall be paid to Wife from Husband's Estate. Furthermore, Husband agrees not to encumber the property with any liens which include but not by way of limitation, mortgages, equity loans, consensual liens, etc. Husband further agrees not to transfer his ownership interest to any person, entity or otherwise except to the extent it is being transferred pursuant to the sale of the property to a purchaser for fair market value. Husband shall notify Wife of any offers on the purchase of the property and the property shall be sold provided both parties agree to the sale. 4 J. -. 9. MOTOR WIDCT .F.S Wife shall receive title to the 2002 Ford Escape upon the loan being paid in full and she shall receive full legal and equitable ownership of said vehicle free from any claims by husband. Husband agrees to sign title to said vehicle into Wife's name alone upon satisfaction of the existing loan. Husband shall receive title to the 1999 Ford Windstar, and Wife shall sign title of said vehicle into Husband's name solely free from any claims by Wife. 10. .JOINT RANK ACCOTTNTS Husband and Wife agree to close the Joint Bank Account currently held at Fulton Bank, and shall thereafter maintain separate bank accounts in each of their respective names. 11. PF.NSTON IRF.TTRF.MF.NT PT .A NS: The party's release any interest in the opposite spouse's Pension, Retirement, Stocks, Bonds, 401 K' s, or any other interest wheresoever located and which may have accumulated during the marriage. 12. SlJPPORT Each party forever releases, relinquishes, and forfeits any and all claims to Spousal Support, Alimony, Alimony Pendente Lite, and any and all other claims for support of any kind except as otherwise provided within paragraph 8 above. 13. COIJNSF.T. FF.F.S ANn F.XPF.NSF.S: Husband and wife shall not seek any compensation from the other spouse for Counsel Fees and Expenses. Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and fInal settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 5 ~, 14. WATVF.RS OF CT,ATMS A~ATNST F,STATF,S: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 15. SIJRSF,QlffiNT DTVORCF,: Wife has filed a no-fault complaint in divorce against Husband under Section 3301 (c) of the Divorce Code. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which may be incorporated by reference into the Divorce Decree, shall not be merged into the Divorce Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted and prosecuted by either party and no order, judgment or decree of divorce, temporary, fmal or permanent shall affect or modify the financial terms of this Agreement. This Agreement may be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. Further Wife agrees to sign all related docwnentation to facilitate the entry of a divorce as between the parties and agrees to sign and return to husband's attorney such paperwork within 48 hours of the date of the signing of this agreement. 16. RRF,ACH ANn F,NFORCF,MF,NT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. the parties to not intend or purport hereby to 6 improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contraIy herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 17. ADDITIONAl, TNSTRITMRNTS~ Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOI.lTNT A RV F,XF,(;lJTION ~ The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. Husband has been advised that he has the right to seek an attorney of his choosing prior to signing and/or agreeing to the terms and conditions of this agreement. Husband is further aware that Wife is represented by Gregory S. Hazlett, Esquire and 7 ~ that Wife's attorney does not represent Husband's legal interests in any capacity and Husband agrees that he was clearly advised by Wife's attorney that he, Husband has the right to retain an Attorney of his choosing prior to executing any and all documents. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them. 19. RNTIRR AGRRRMRNT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other. than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 40 1 (d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 20. DISCI.OSTTRR: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 21. MODIFICATION AND W AIVRR: A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. R , ~ 22. PRIOR A(;RRRMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreements or representations occurring prior to the effective date of this instrument. 23. DRSl;RIPTIVR HRADlN(;S: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. lNDRPRNDRNT SRPARATR l;OVRNANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. A PPT ,Il;A Rl.R l.A W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID l;I ,A lTSRS: If any terms, conditions, 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. 27. AGRF,RMENT RTNDIN(; ON HRIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 9 -. '. . . . IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first ve en. Yn Commonwealth of Pennsylvania County of Cumberland On this, the 15't! ,day of N'OUl.f\\.\.e( A.D. 2006, before me a Notary Public appeared Rebecca M. Merli, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained Commonwealth Of Pennsvlvania Notarial Seal Sandra L. Lee, Notary Public Lemoyne Bora, Cumberland County My Commission Expires May 13, 2007 Member, Pennsylvania Associa~on Of Notaries IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~tiv.-'l-rI<<- 1Jf) hry Seal Title of Officer ;?~~ ~. Reinhold Merli Commonwealth of Pennsylvania County of Cumberland On this, the lS'ii,day ofJVDw..r.-~A.D.2006, before me a Notary Public appeared Reinhold Merli" known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained Commonwealth Of Pennsvlvania Notarial Seal Sandra L. Lee, Notary Public Lemoyne Bora. Cumberland County My Commission Expires May 13, 2007 Member, Pennsylvania Association Of Notaries IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~'J-~ NDk'( Seal Title of Officer 10 l"'-" c:::.:> t:~ o r~~'-l C-) r,) :;... ,} ..~.~... -- co f~ o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA REBECCA M. MERLI, PLAINTIFF, Civil Action---Divorce Docket No. 2006-5018 VS. REINHOLD MERLI, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(D) of the Divorce Code. 2. The complaint in Divorce was filed on the 29TH, day of August" 2006 and served by Acceptance of Service dated September 4TH, 2006. 3. The plaintiff, signed her Affidavit of Consent 6th day of December 2006 and the Defendant signed his Affidavit of Consent on the 6th, day of December 2006 which is attached hereto. 4. The plaintiff served her affidavit of consent, and Waiver of Notice of Intent to request Divorce Decree on defendant on the 1 sl day of July 2004 and the same was signed the 1 sl day of July 2004. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a Marital Settlement Agreement on the 15th day of November 2006. 6. The Defendant was served his Notice of Intention to Request the Entry of a Divorce Decree on the 1 sl day of December 2006 pursuant to Rule 1920.73 . Date: 12/10/2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYLVANIA REBECCA M. MERLI, PLAINTIFF, Civil Action---Divorce Docket No. 2006-5018 VS. REINHOLD MERLI, DEFENDANT, CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 4th day of September, 2006 I made service of the foregoing Divorce Complaint and Amended Divorce Complaint and related documentation upon the defendant Reinhold Merli, by way of first class mail postage prepaid. DATED: 12/27/2006 . HAZLETT / . // /' )/ " ~~,~-~ Grego a~l, , / ~ui;e' / (~ 7 W t Main Street l\1ichanicsburg, P A. 17055 717-790-5500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA REBECCA M. MERLI, PLAINTIFF, Civil Action---Divorce Docket No. 2006-5018 VS. REINHOLD MERLI, DEFENDANT, CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 4th day of September, 2006 I made service of the foregoing Divorce Complaint and Amended Divorce Complaint and related documentation upon the defendant Reinhold Merli, by way of first class mail postage prepaid. ,_//;~ Gre 7 est Main Street echanicsburg, P A. 17055 717-790-5500 DATED: 12/27/2006 ~, r-~ ::~ ~.... q r' , c-) I') CO l)? .:;:- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs Plaintiff - File No. .0 - 5-0 I , IN DIVORCE — ---i --Q-- _L--- -- tri r- -- NOTICE TO RESUME PRIOR SURNAME 7,...,—.7c.17:i ::`,',,, VI 5/3. 610 p Lt kik or X after the entry of a Final Decree in Divorce dated '") ec 2 6- 2-00C4' 3 6.11 hereby elects to resume the prior surname of L _' 1 S Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, written notice avowing his / Date: 3 / 7 intentio , and gives this pu suant to the provisio s of 54 P.S. 704. Signature COMMONWEALTH OF PENNSYLVANI COUNTY OF 6 ez14,4) On the /714day of rc 4_ Signature of n , 2094', before me, the Prothonotary or the notary public, personally appeared the above affiant known to 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. Prothonotary or Not.' y Public Prothonotary, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018