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HomeMy WebLinkAbout02-2204JODI L. FLITTON, VS. MARK D. FLITTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NUMBER: Defendant : IN DIVORCE CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY PLACE CARLISLE PA 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se la advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demando o cualquier otra reclamacion o remedio solicatado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VA LA SUGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER I~FERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY PLACE CARLISLE PA 17013 717-249-3166 JODI L. FLITTON, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. MARK D. FLITTON, : -' : IN DIVORCE Plaintiff Defendant COMPLAINT UNDER §3301 OF THE DIVORCE CODF, Plaintiff is JODI L. FLITTON currently residing at 422 Orrs Bridge Road, Camp Hill, County of Cumberland, Pennsylvania, since February, 1997. 2. Defendant is MARK D. FLITTON currently residing at 422 Orrs Bridge Road, Camp Hill, County of Cumberland, Pennsylvania, since February, 1997. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on October 17, 1992, in Johnstown, County of Cambria, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military 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 has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I RF.~UEST FOR A FAULT DIVORCE UNDER §3301{a)(b) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. Defendant has offered such indi§nities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 10. This action is not collusive as defined by §330 l(a)(b) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c} OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. 13. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affi~lavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 (c) of the Divorce Code. COUNT III REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. The marriage of the Parties is irretrievably broken. 16. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in §3301(d) of the Divorce Code. COUNT IV REQUEST FOR F-~UITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502, §3503, OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff and Defendant are the owners of real and personal property in the Commonwealth of Pennsylvania: 19. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors, including the respective incomes of the parties. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT V RF-~UEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER §3104 OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. The public policy of the commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 22. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matter with Defendant. 22. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to §3104 of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully submitted: CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 {717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing 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. DATE JODI L. FLITTON, VS. MARK D. FLITTON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER: 02-2204 CIVIL TERM : : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Notice is hereby given that the Plaintiff / Defendant in the above matter, [select one by marking "x"] X or prior to the entry of a Final Decree in Divorce __ after the entry of a Final Decree in Divorce dated 2002, hereby elects to resume the prior surname of JODI L. ZUCCO, and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. § 704. Date: '"~d' ~ ,20o..l ~tu~-ev- ~resumed ~name be' g COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) On the ~ day of ~ ~a~ ,2002, before me, the Prothonotaw or a Nota~ ~blic, 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 and official seal. fro~h~aw or'Notaw ~blic JODI L. FLITTON, Plaintiff VS. MARK D. FLITTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 02-2204 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE CHARLES E. PETRIE, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the NOTICE TO DEFEND, COMPLAINT UNDER SECTION 3301(c), AND MILITARY-AFFIDAVIT, upon MARK D. FLITTON, defendant, in the above-captioned matter, by mailing a true and correct copy of same by U.S. Certified Mail, return receipt requested, Article Number 70993220000709216234, postage prepaid, on May 6, 2002, to the following address: Name: Mark D. Flitton Address: 422 Orrs Bridge Road, Camp Hill, PA 17011 Defendant personally received said documents on May 8, 2002, as evidenced by his signature on the certified mail return receipt card which is attached hereto and marked Exhibit "A". I verify that the statements in the foregoing 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. DATE CHARLES E. PETRIE ATTORNEY FOR PLAINTIFF 80 ' name IVery is , rnplete ........_or on the fm'.,~'u.. ~o the bac~, , to You ~ lr°rn-'~er~, .... ~ I ~ '~M,i, ~Z7 ~turn /~ece/t JODI L. FLITTON, VS. MARK D. FLITTON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NUMBER: 02-2204 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 days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ~ /~(~1~1~ ~TTO~ ODI L. FLI N JODI L. FLITTON, VS. MARK D. FLITTON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NUMBER: 02-2204 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330 l(c) of the Divorce Code was filed on May 3, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ~:/~c~/~ 0 Z'~ MA R~D.~ DEFENDANT JODI L. FLITTON, Plaintiff VS. MARK D. FLITTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER: 02-2204 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. Section 4904 relating to unsworn falsification to authorities. JODI L. FLITTON, VS. MARK D. FLITTON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER: 02-2204 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REi~UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. Section 4904 relating to unsworn falsification to authorities. DATE: DEFENDANT JODI L. FLITTON, VS. MARK D. FLITTON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER: 02-2204 Civil Te~m : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate divorce decree: 1. Ground for divorce: Irretrievable breakdown under §330 l(c) of the Divorce Code. (Strike out inapplicable section). mail. Date and manner of service of complaint: May 8, 2002, by certified 3. Complete either paragraph (a) or (b): (a)(1) Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by plaintiff: August 9, 2002; by defendant: August 9, 2002. (a)(2) Date of execution of the Waiver of Notice of Intention required by §3301(c) of the Divorce Code: by plaintiff: August 9, 2002; by defendant: August 9, 2002 (b)(1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filed: ; Served: 4. Related Claims Pending: No claims raised. 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: MARITAL SETTLEMENT AGREEMENT AGREEMENT made this ninth day of August, 2002, by and between MARK D. FLITTON~ hereinafter called "Husband," and JODI L. FLITTON, hereinafter called "Wife." WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and WHEREAS~ the parties desire to confirm their separation and make arrangement in connection therewith; and WHEREAS, no children were born of the marriage; IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose deem and fit. 3. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. COUNSEL FEES A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. 5. DIVISION OF PERSONAL PROPERTY - Husband shall be the sole owner of the items of personal property listed in Schedule "A,' attached hereto. Wife shall be the sole owner of the items of personal property listed in Schedule "B,' attached hereto. Except as outlined in this paragraph, the parties will divide their personalty to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. 6. AFTER-ACi~UIRED 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, whether or not marital assets were utilized in the acquisition, since the date of the execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried; 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. 7. NO-FAULT DIVORCE - The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce. The parties shall execute Affidavits of Consent and Waivers to permit the entry of a Decree in Divorce. 8. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS - Each party understands that he or she has the right 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, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a 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. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. 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, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 9. WAIVER OF PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive any right, title or interest which either party may have in the other party's retirement plan [which is defined to mean pension, profit-sharing, military pay of any and all kinds including but not limited to severance, retirement, and disability pay], Pennsylvania State Employees' income and benefits, including but not limited to deferred compensation; retirement earnings and investment accruing as a result of said earnings; federal earnings and benefits resulting from civilian employment and other investments; all IRAs, and all other forms of retirement and/or pension benefits]. Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under any applicable sections of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute his or her own separate property. 10. MARITAL DEBTS - The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafker incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Specifically, Husband shall be solely and fully responsible for payment of the debt secured by the 2002 Toyota truck. Husband shall hold Wife harmless from any liability arising out of Husband's failure to pay this debt. Wife shall be solely and fully responsible for payment of the debt secured by the 1999 Chrysler Sebring LXI. Wife shall hold Husband harmless from any liability arising out of Wife's failure to pay this debt. Wife shall refinance this loan within sixty (60) days of the execution of this Agreement to remove Husband's liability for this debt. 1 1. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and she 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 since the date of the execution of this Agreement. 12. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he 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 since the date of the execution of this Agreement. 13. REAL ESTATE - The parties acknowledge that they are the owners of real estate known and numbered as 422 Orrs Bridge Road, Camp Hill, Cumberland County, Pennsylvania. Wife shall be the sole owner of the real estate. Husband shall execute a deed in favor of Wife. Wife shall enjoy exclusive possession of the real estate effective September 9, 2002. Wife further agrees to be solely and fully responsible for payment of all debts and expenses associated with the real estate, including but not limited to the mortgage debt, taxes, insurance, and maintenance. Wife agrees to hold Husband harmless from any liability arising out of Wife's failure to pay any of these expenses. Wife will refinance or assume the mortgage debt to remove Husband's liability for this debt within 120 days from the execution of this Agreement. Wife shall be the sole owner of the parties' time share for property known as Sunterra, formerly known as Powhatan Plantation. Husband shall execute a deed in favor of Wife. Wife further agrees to be solely and fully responsible for payment of all debts and expenses associated with this time share, including but not limited to the mortgage debt, taxes, insurance, and maintenance. Wife agrees to hold Husband harmless from any liability arising out of Wife's failure to pay any of these expenses. Husband shall be the sole owner of the parties' time share for property known as Sea Scape. Husband further agrees to be solely and fully responsible for payment of all debts and expenses associated with this time share, including but not limited to the mortgage debt, if any, taxes, insurance, and maintenance. Husband agrees to hold Wife and harmless from any liability arising out of Wife's failure to pay any of these expenses. 14. TAXES - Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest and/or penalties assessed as a result of any error in the reporting of income and/or in the preparation of any tax return by the other party during the years in which they were married. '15. WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTATE - Wife does hereby remise, release, quitclaim and forever discharge Husband and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to elect against Husband's Will, or any other claims of any nature whatsoever, except only the rights accruing to Wife under this Agreement. Wife hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Husband, or to administer Husband's personal estate and effects in the event that Wife survives Husband. 16. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S ESTATE ~ Husband does hereby remise, release, quitclaim and forever discharge Wife and her estate of and from any and every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements or liabilities of Wife, by way of curtesy, or claim in the nature of curtesy, widower's rights, or under the intestate laws, or the right to elect against Wife's will or any other claims of any nature whatsoever, except only the rights accruing to Husband under this Agreement. Husband hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Wife, or to administer Wife's personal estate and effects in the event that Husband survives Wife. 17. SUBSEI~UENT DIVORCE - Nothing herein contained shall be deemed to prevent either of the parties from maintaining suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted, the parties shall be bound by all terms of this Agreement and this Agreement shall be the sole remedy available to the parties. 18. EI~UITABLE DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 19. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or 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 in equity, which either of the parties have, or have ever had, against the other including any and all rights under the Pennsylvania Domestic Relations Code, including spousal support, alimony, alimony pendente lite, equitable distribution of property and counsel fees. 20. BREACH - If either party breaches any provision of this Agreement, then he or she shall have the right to sue for damages for such breach, or seek such other remedy or relief as may be available. Counsel fees and costs of the prevailing party shall be paid by the defaulting party. 10 21. ADDITIONAL INSTRUMENTS - Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party within a reasonable time period {presumed to be thirty {30) days after such request is made} any and all further instruments including deed(s) or releases which may reasonably be required to give full force and effect to the provisions of this Agreement. 22. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that full disclosure has been made and they have been furnished with all information relating to the financial affairs of the other which has been requested and that counsel for each of the parties have reviewed the document, or, in the absence of counsel, the party has waived his or her right to counsel. 23. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER - A modification or 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 on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default for the same or similar nature. 25. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 26. BINDING EFFECT - Except as otherwise stated within, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 27. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 28. INCORPORATION - The parties agree that the terms of this Agreement shall be incorporated but not merged into any Decree of Divorce which may be entered. The parties understand and agree that this Agreement shall survive any such final Decree of Divorce and shall be independent thereof. Said incorporation shall be for the sole purpose of obtaining additional rights of enforcement and the parties understand that the provisions of this Agreement shall not be subject to any modification, unless specifically provided for in the relevant paragraph. 12 29. ENFORCEMENT - The parties agree that any action necessary by either party to enforce their rights under this agreement against the other shall be filed before the Court of Common Pleas of Cumberland County, Pennsylvania, and, regardless of where any divorce action between them is concluded, both parties hereby stipulate to the jurisdiction and venue of the Court of Common Pleas of Cumberland County, Pennsylvania, for purposes of interpretation or enforcement of this agreement. 30. 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. 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 have hereunto set their hands and seals the day and year first above written. ~ ] ~_._ .~ WITNESS~ MA~~r~~ WITNESS J~I L. FLITTON 13 SCHEDULE "A" - PERSONAL PROPERTY OF MARK D. FLITTON 2002 Toyota truck Engagement ring Master bedroom suite Limited edition military prints (with the exception of "you are a spy") Computer and accessories "Large" metal barrister bookshelf Cherry mantel clock, currently located in spare bedroom Norwalk leather sofa and chair w/ ottoman German target German mantel clock, currently located in family room Hummels: mountaineer and for father Sony television, stereo, and entertainment stand, currently located in sunroom VCR, currently located in basement Pfaltcraft, juniper "Original flatware" Miscellaneous kitchen appliances such as dehydrator and cookware "Family Flitton' plaque, currently located in kitchen Glassfront German schrank, currently located in basement Stein collection Sports collection German blanket chest, currently located in basement Wardrobe, currently located in basement Hutch, currently located in basement Personal items including jewelry, clothing, CDs, skis/sports/camping equipment Miscellaneous tools Portable TV, currently located in spare bedroom $3,000.00 (in lieu of a schrank), payable within 90 days from the execution of this Agreement "Watercolor' print of Nurenberg (family room} Painted soldier plaque (family room) 50 shares Crown American stock. Transfer will be undertaken within 45 days from the date of this Agreement. Military collectibles Turkish rug 14 SCHEDULE "B" - PERSONAL PROPERTY OF JODI L. FLITTON 1999 Chrysler Sebring LXI Dining room: Antique mahogany dining room (hutch, server, sideboard, table, six matching shield-back chairs/two extra chairs} Wool area rug, dining room Crystal chandelier, dining room Military oil painting, dining room Black mantel clock, dining room Russian icon, dining room Lenox china/ royal ruby depression glass Living room: German porcelain chandelier German hutch Antique lyre class top table Antique 6-leg parlor table Antique hutch and matching server Opera and dinner party prints Couch, gooseneck chair and two wing chairs Hanging wooden shelf Bronze sculpture, "Lady Justice" Family room: Carved German schrank {armoire) Antique painted German schrank Antique German bread schrank Antique English ladder Antique German hanging display cabinet (including the Hummels except those specifically designated above) German wooden chair (1) Carved cross German oil painting {Bavarian scene) Nuerenberg print (black/white) German "accessories": iron, wine glass mold, tools, figurine 2 small framed Italian prints Kitchen: Oak table, 6 chairs, hutch, and reproduction refrigerator 15 Sunroom: Yellow plaid sectional and matching chair/ottoman Glass top coffee table "Old World" water fountain Basement: Upholstered furniture (couch, loveseat, 2 chairs w/ ottoman) Treadmill/new machine Spare bedrooms(s): Daybed Four piece mahogany bedroom set chest, dresser, 2 nightstands Dressing table/vanity Cherry double bed Office: Desk End table 2 chairs Small barrister bookshelf Army footlocker (wooden) Master bedroom: Wooden chair Garage: Miscellaneous tools Lawn mower Roto-tiller Snowblower Outdoor furniture Her personal items, including clothing, jewelry unless set forth herein, and all personal effects 16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of JODI L. FLITTON, Plaintiff VERSUS MARK D. FLITTON. Defendant PENNA. NO. 02-2204 civil Term Decree IN DIVORCE AND NOW, DECREED THAT AND JODI L. FLITTON MARK D. FLITTON , IT iS ORDERED AND , PLaiNTiff, , 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 parties' Marital Settlement Agreement dated the ninth day of August, 2002, shall be incorporated into, but not merged with, this Decree in Divorce. BY THE COURT: ~~THONOTAR~'