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HomeMy WebLinkAbout06-5393BARRY LONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06- S`39 3 CIVIL TERM LISA A. LONG, : CIVIL ACTION - LAW Defendant : 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 BARRY LONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06- .53 Q'3 CIVIL TERM LISA A. LONG, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Barry J. long, an adult individual, currently residing at 297 Southside Drive, Newville, Cumberland County, Pennsylvania. 2. Defendant is Lisa A. Long, an adult individual, currently residing at 386 Springfield Road, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 9, 1986 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in i counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since 2000 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various assets acquired during their marriage, which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted TURO LAW OFFICES L/-.57- Date •? I All" .4 en R. Waltz, Esc 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. 1 understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Barry VAo4g CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Divorce Complaint, by depositing same in the United States Mail, first class, postage pre-paid on the %.5 day of AR Uj 2006, from Carlisle, Pennsylvania, addressed as follows: Lisa A. Long 386 Springfield Road Shippensburg, PA 17257 TURO LAW OFFICES rdalen R. Waltz, Kquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 4 C i as c ? c? ?P_ r ?• BARRY LONG, Plaintiff v. LISA A. LONG, Defendant TO,PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5393 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please file the Amended Certificate of Service, which is replacing the Original Certificate of Service. A ; o Date Respectfully Submitted TURO LAW OFFICES Galen R. Waltz, Esqui 28 South Pitt Street/ Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff IF --,. BARRY LONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5393 CIVIL TERM LISA A. LONG, : CIVIL ACTION - LAW Defendant : IN DIVORCE AMENDED CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Divorce Complaint, by depositing same in the United States Mail, Certified Return Receipt Requested on the _ day of 00vjv-%J;'-- 2005, from Carlisle, Pennsylvania, addressed as follows: TURO LAW OFFICES Galen R. Waltz, Esq 28 South Pitt Stre Carlisle, PA 17017- (717) 245-9688; FAX 717.245.2165 ..- C.-? _ - J ,i _j C . f -A, ..?? BARRY LONG, Plaintiff V. LISA A. LONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5393 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF DIVORCE MASTER AND NOW, Barry Long, Plaintiff, by and through his attorney, Galen R. Waltz, Esquire, moves the court to appoint a Master with respect to the following claim: Distribution of Property; and in support of the motion states: (1) Discovery is complete as to the claim for which the appointment of a master is requested. (2) The Defendant has not appeared in the action. (3) The statutory ground for divorce is 23 Pa.C.S. § 3301(c), (d). (4) Plaintiff has sent Defendant a letter requesting Defendant's signature on included consent and waiver documents. There has been no response by Defendant nor a return of the mail as "undeliverable." (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take 1 /4 of a day. (7) To the best of Plaintiffs knowledge, Defendant is "pro se." Respectfully submitted, Date Galen R. Waltz, E wire Turo Law Office 28 South Pitt eet Carlisle, PA 17013 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Motion for Appointment of Divorce Master on Lisa A. Long, by depositing the same in the United States Mail, first class, postage pre-paid on the 20th day of March, 2007, from Carlisle, Pennsylvania, addressed as follows: Lisa A. Long 386 Springfield Road Shippensburg, PA 17257 TURO LAW OFFICE Galen R. Waltz, Es ire 28 South Pitt Stye Carlisle, PA 17K3 (717) 245-9688; FAX 717.245.2165 r- 0 0 4 -rE rte: -0 70 ' . c i BAR 812M7 BARRY LONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5393 CIVIL TERM LISA A. LONG, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER APPOINTING MASTER AND NOW, this _Zf?day of 2007, Esquire, is appointed master with respect to the following claim: Distribution of Property. By the Court: W?c I J. C.C. n R. Waltz, Esquire sa A. Long ?-. try ? Of cl-i C\j ? O 1 N C?1` vv?..?j e.r A a. w? ?? nc' V ?L ?` tc" 5>e, Leh ?- ?r O a- d-K ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpiece, or on the front if space permits. 1. Article Addressed to: L-O aALOrqi I1 a5? A. Sig ffiure x ? Agent 'PO -4 Vv? ? Addresses B. Received by (Printed ) C. ?re of Delivery : -,, I AMC !.,'l ?oOt' D. Isellvery addresshifferent from item 11 0 Yes if YES, enter delivery address below: 0 No 3. IWn Grtffied Mail 13 Express Mail © Registered O Return Receipt for merchandise 0 Insured mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from servkaeMW 7005 03912-0003 _0003 '2638 2693 PS Form 3811, February 2004 Domestic Return RsoW 102595.02-WI540 c? p ? s ? C.? s ,? .. ....,? -a? ?T.'t _,?. ? ? t ; ?+: ' Barry J. LONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5393 CIVIL TERM Lisa A. LONG, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 THE FOREGOING 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. D ©K j", C't,', ? Date Lisa A. Long ° G? ? ?3 Gs; Barry J. LONG, Plaintiff V. Lisa A. LONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5393 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE 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. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 3 -/3 0 6 Date Barry . 0 ng 7 ? 7 j I NZ Barry J. LONG, Plaintiff V. Lisa A. LONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5393 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE 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. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 3110 loz -L' a" Date Lisa A. Long Ci r7l ' ? . . Barry J. LONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5393 CIVIL TERM Lisa A. LONG, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 THE FOREGOING 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. 3-13-06 Date -/? . ??, 2 Barry J g c SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered into this /d tAday of March , 2008, between Lisa A. Long, of 386 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, herein referred to as "Wife," and Barry J. Long, of 297 Southside Drive, Newville, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on August 9, 1986, in Cumberland County, Pennsylvania; WHEREAS, there have been 2 children born of this marriage between Husband and Wife, to wit: Brian S. Long, d.o.b. November 25, 1986 and Ashley N. Long, d.o.b. November 18, 1991. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; Sally Winder, Esq. represents Wife and Galen R. Waltz, Esq. represents Husband; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by Husband and all of her rights of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution or married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. Wife has custody of the daughter and the son is an adult. 5. Support a. Child Support. Child Support is under the direction of the Cumberland County Domestic Relations Office as listed under Order dated 04/27/07 at PACSES Case number 903106090. b. Medical Care for the Children. The parties mutually agreed that Husband shall retain and maintain health care coverage for their minor children until the children reach the age of 18 or graduate from high school, whichever occurs later. Wife shall be completely responsible for all of the "out of pocket" healthcare expenses that arise beyond what the insurance carrier shall pay. 6. Distribution of Marital Assets. a. The parties agree that the items of personal property have been previously divided to the satisfaction of both Husband and Wife. All other personal property obtained by the parties during the marriage shall be sole and exclusive property of the Husband/Wife. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. b. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this Agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or from whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 7. Debt. The parties amassed debt from Visa, Discover and Sears totaling $3,954.28. The debt was paid by Husband and therefore Husband has been credited with %z of the payments which were Wife's responsibility. (See attached summary described as Exhibit A) In addition, Wife incurred debt in the amount of $919.03 from Lehigh Anesthesia Associates., P.C. which has been placed in the hands of Hamilton Law Group Collection Agency. Wife agrees to assume the entire $919.03 medical debt and to hold harmless the Husband herein. Husband has been credited for the 320 weeks of Health Insurance Payments that he has made from July 2000 to September 2006 on behalf of Wife for a total of $7,360.00 out of pocket expense. 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Real Property. The parties agree that the real property located at 297 South Side Drive, Newville, Cumberland County, Pennsylvania shall be valued according to the $55,000.00 appraisal for July 17, 2000. Husband agrees to assume the existing mortgage and to hold Wife harmless for any debt thereto. The parties shall execute all documents concerning the transfer of title to Husband. Further, the Westminster Cemetery lot, vault and O/C shall be transferred from Husband to Wife. Both parties agree to execute any and all future documents reasonably related to the 4 transfer of interest and title of the marital home from Wife to Husband and related to the transfer of interest and title of the Westminster Cemetery lot, vault and O/C from Husband to Wife and both parties shall cooperate in the prompt payment of all marital debts as outlined above. 10. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this agreement, on which the other party is or may be liable. Each parry covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well- founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fee and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 11. Waiver oil Alimony. In exchange fcr and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 5 12. Pension. Husband agrees to pay to Wife $11,146.74 minus any applicable tax, fee and withdrawal penalty and Wife shall waive all claims to Husband's pension and 401 K in consideration thereto. Husband waives all interest in Wife's pension and 401K, should she have one. 13. Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document, as well as the preparation and filing of the divorce action captioned at 2006-5393 Civil Term and the Custody Order filed at the same number. If either parry incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 14. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending a divorce between them in the Court of Common Pleas of Cumberland County to the caption Barry Long, Plaintiff v. Lisa A. Long, Defendant, 2006- 5393 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 15. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other parry shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees, costs and expenses for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 16. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any Court of competent jurisdiction. 17. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 18. The Entire Agreement. The parties acknowledge and agree that this Marital 6 Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are not other representatives, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 19. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or things that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 20. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, an in addition, shall retain any remedies in law or equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESSES: &&7.644 E " . Long Lisa A. Long 7 C?3 ? c? ?s rya --c? r:.. ,..7 _r, ("^ ...J : ?-, ?. ?` ; ?zt ??: BARRY LONG, ; IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06- 5393 CIVIL TERM LISA A. LONG, : CIVIL ACTION - LAW Defendant ; IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Receipt mail delivered on or about September 16, 2006. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code. By Plaintiff: March 13, 2008 By Defendant: March 10, 2008 4. Related claims pending: None. Date the Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: By Plaintiff: March 13, 2008 By Defendant: March 10, 2008 glen R. Waltz, Attorney for Def ?M1 47- BARRY LONG, . IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. LISA A. LONG, Defendant . NO. 06 - 5393 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this I q ?u day of Y V'? 2008, the economic claims raised in the proceedings having been resolved in accordance with a separation agreement and property settlement dated March 10, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q,-, Edgar B. Bayley, P.J. cc: alan R. Waltz Attorney for Plaintiff /ally J. Winder Attorney for Defendant J t"'a i„?C1 ? ? ? e ? ?,.?? .?' --'-?'; ??? ???-t-? .? ?"a SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered into this SCI ]A day of March-, 2008, between Lisa A. Long, of 386 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, herein referred to as "Wife," and Barry J. Long, of 297 Southside Drive, Newville, Cumberland County, Pennsylvania, hereinafter referral to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on August 9, 1986, in Cumberland County, Pennsylvania; WHEREAS, there have been 2 children born of this marriage between Husband and Wife, to wit: Brian S. Long, d.o.b. November 25, 1986 and Ashley N. Long, d.o.b. November 18, 1991. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; Sally Winder, Esq. represents Wife and Galen R. Waltz, Esq. represents Husband; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by Husband and all of her rights of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW THEREFORE, the parties hereto intending to be legally bound do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither parry shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Power and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in property or estate of the other, and to that end both parties waive, relinquish and forbear the rights of dower of curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and, next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though married, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be 2 necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution or married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. Wife has custody of the daughter and the son is an adult. 5. Support a. Child Support. Child Support is under the direction of the Cumberland County Domestic Relations Office as listed under Order dated 04/27/07 at PACSES Case number 903106090. b. Medical Care for the Children. The parties mutually agreed that Husband shall retain and maintain health care coverage for their minor children until the children reach the age of 18 or graduate from high school, whichever occurs later. Wife shall be completely responsible for all of the "out of pocket" healthcare expenses that arise beyond what the insurance carrier shall pay. 6. Distribution of Marital Assets. a. The parties agree that the items of personal property have been previously divided to the satisfaction of both Husband and Wife. All other personal property obtained by the parties during the marriage shall be sole and exclusive property of the Husband/Wife. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. b. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this Agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or from whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 7. Debt. The parties amassed debt from Visa, Discover and Sears totaling $3,954.28. The debt was paid by Husband and therefore Husband has been credited with '/z of the payments which were Wife's responsibility. (See attached summary described as Exhibit A) In addition, Wife incurred debt in the amount of $919.03 from Lehigh Anesthesia Associates., P.C. which has been placed in the hands of Hamilton Law Group Collection Agency. Wife agrees to assume the entire $919.03 medical debt and to hold harmless the Husband herein. Husband has been credited for the 320 weeks of Health Insurance Payments that he has made from July 2000 to September 2006 on behalf of Wife for a total of $7,360.00 out of pocket expense. 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party- incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Real Property. The parties agree that the real property located at 297 South Side Drive, Newville, Cumberland County, Pennsylvania shall be valued according to the $55,000.00 appraisal for July 17, 2000. Husband agrees to assume the existing mortgage and to hold Wife harmless for any debt thereto. The parties shall execute all documents concerning the transfer of title to Husband. Further, the Westminster Cemetery lot, vault and O/C shall be transferred from Husband to Wife. Both parties agree to execute any and all future documents reasonably related to the 4 transfer of interest and title of the marital home from Wife to Husband and related to the transfer of interest and title of the Westminster Cemetery lot, vault and O/C from Husband to Wife and both parties shall cooperate in the prompt payment of all marital debts as outlined above. 10. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well- founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fee and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 11. Waiver of Alimony. In exchange i,r and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 12. Pension. Husband agrees to pay to Wife $11,146.74 minus any applicable tax, fee and withdrawal penalty and Wife shall waive all claims to Husband's pension and 401K in consideration thereto. Husband waives all interest in Wife's pension and 401K, should she have one. 13. Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document, as well as the preparation and filing of the divorce action captioned at 2006-5393 Civil Term and the Custody Order filed at the same number. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 14. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending a divorce between them in the Court of Common Pleas of Cumberland County to the caption Barry Long, Plaintiff v. Lisa A. Long, Defendant, 2006- 5393 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 15. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees, .costs and expenses for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 16. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any Court of competent jurisdiction. 17. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 18. The Entire Agreement. The parties acknowledge and agree that this Marital 6 Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are not other representatives, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 19. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or things that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 20. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, an in addition, shall retain any remedies in law or equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESSES: J -= 1 n 1 h ? f Ban;; Long - C-, Lisa A. Long 7 IN THE COURT OF COMMON PLEAS Barry Long OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS Lisa Long Defendant NO. 06-5393 DECREE IN DIVORCE 2008 , IT IS ORDERED AND AND NOW, jA&fe4A , X,A? 1 `7 DECREED THAT Barry Long , PLAINTIFF, AND Lisa Long 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; JbAp The March 10, 207 Separation Agreement and Property Settlement is incorporated but merged herein BY THE ATTEST*,,.- ? -1. PROTHONOTARY gyp. ?? ?. P 'p-, --?/4 J M Barry J. LONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5393 CIVIL TERM Lisa A. LONG, : CIVIL ACTION - LAW Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 1. Participant - Obligor is Barry J. Long who currently resides at 297 Southside Drive, Newville, Cumberland County, Pennsylvania. 2. Alternate Payee - Obligee is Lisa A. Long who currently resides at 386 Springfield Road, Shippensburg, Cumberland County, Pennsylvania. 3. Participant - Obligors date of birth is November 5, 1968. Alternate-Payee Obligee's date of birth is September 28, 1969. 4. The retirement plan is known as Turner Hydraulics 401 K and the trust account number is 07C39533. The Participant - obligor shall pay to the Alternate Payee - obligee $11,146.74 from the 401 K Retirement Plan. The effective date of the payout shall be March 12, 2008. 5. Administrative Costs/Fees. The Plan Administrator for the Turner Hydraulics 401 K shall transfer directly from the retirement plan $11,146.74 minus administrative costs/fee into the Alternate-Payee's Obligee's Individual Retirement Account (IRA) No. 45517960001 at the Farmers National Bank of Newville, a Division of Adams County Bank having Bank ABA Routing Number 031309945 whose mailing address is P.O. Box 156, Newville, PA 17241. 6. All penalties or taxes resulting from the early withdrawal shall be the responsibility of the Alternate Payee - obligee and shall be removed from the $11,146.74 prior to disbursement of the Alternate Payee - obligee's share. 7. The payment of the monies to Alternate Payee - obligee, Lisa A. Long, shall be in the amount of the principal $11,146.74 minus the fees requd for the administration of this Order. i cc: Sally Winder, Esquire - 3111g1pQ" Attorney for Participant - Obligee, Lisa A. Long Galen R. Waltz, Esquire _?A/V? Attorney for Obligor, Barry J. Long J. C 11:1 ! Gl'J 81 M 80Ul 1ANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.corn OTAW ,; ---------------------------------- ----------- BARRY LONG, : IN THE COURT OF COMMON PLEAS Plain iff : CUMBERLAND COUNTY, PENNSYLVANIA V. { : NO. 06 5393 CIVIL TERM LISA A. LONG, { : IN DIVORCE AND NOW COME, Barry Long, by and through his attorney, Jane Adams, Esquire, and files the follo? ing Petition to Enforce Property Settlement Agreement and in support thereof respectfully represents as follows: 1. Petitioner/Plaintiff is Barry Long, (hereinafter "Husband"), an adult individual who currently lives at 32 Centre St., Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Respondent/Def?ndant is Lisa A. Long, an adult individual and ex-wife of Petitioner, (hereinafter "Wife"), who currently lives at 386 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Or or about Marc 10, 2008, the parties entered into a Marriage Settlement Agreement, a copy of whic is attahed hereto and marked as Exhibit "A". 4. Under Paragraph 7, titled "Debt", Wife agreed to assume medical debt with Hamilton Law Group Coleec ion Agency and hold Husband harmless therein. 5. Husband has recoived letters and notices from Hamilton Law Group Collection Agency, attempting to collect the amount of approximately $919.00 from him. 5. Under Paragraph 8, titled "Future Debts", the parties agreed that "neither would incur any more fut4re debts for which the other may be held liable, and that party incurring such debt will hold the other harmless from any and all liability thereof." 6. Husband recently received a notice of two medical debts, incurred in March 2009, for the amount of a0proximately $380. 7. Under section 6Qb), titled "Personal effects", the parties agrees that "all items of personal effect ...shall become the absolute and sole property of the party who has had the principal use ther of..." and further provides that each party surrenders any interest they may have in he personal property of the other, as of the date of the marriage settlement agreement. 8. On or about May 30, 2008, Wife went to Husband's property and removed two white wicker chairs, 0 AB lounger, a metal table, two black chairs and all of the slide projector pictures. SOch items were valued at $500.00. 9. Section 15 of th Marriage Settlement Agreement provides that if either party fails in the performance of ny of his or her obligations under this Agreement, the other party may sue for damage for breach, specific performance, and the defaulting party shall pay reasonable legal ees, costs, and expenses of the other party. 10. Pursuant to the arriage settlement agreement, Wife has failed to hold Husband harmless under the terms of the agreement, and has caused Husband's credit rating to deteriorate. Wife rust, in order to remedy the problem, pay off all debt in question to repair Husband' credit rating, and then provide Husband with proof such debts are paid off. In the a so he can pay such debts , she could pay Husband the sums due and owing o remedy Husband's credit rating, Wife should additinoally send a letter of explanatio to any credit reporting agency who has reported negatively on Husband's credit. 11. Pursuant to the marriage settlement agreement, Wife has failed to surrender any interest in Husband's Oersonal property. In order to remedy this breach, she must return Husband's property or pay him the sum of $500.00 as compensation for the personal property she 12. Pursuant to the marriage settlement agreement, Husband is entitled to an award of all legal fees and costs associated with the enforcement of this Petition. An updated statement of fees and costs will be provided to Wife. WHEREFORE, Court to direct Wife to pay to the respective debt colle alterative, pay Husband a equal to the value of the pi oate gI?Y?la ier, Barry Long, respectfully requests this Honorable all debts, or pay Husband the amounts due and owning )n agencies, and return all personal property, or in the i equal to the amounts due and owing, plus an amount anal property she took, plus all legal fees and expenses. Respectfully Submitted, ne Adams, Esquire PD . No. 79465 1W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Petitioner Barry Long 0X Me fl-6 SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreem nt, made and entered into this /0 YAday of March, 2008, between Lisa A. Long, of 386 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, herein referred to as "Wife," and Barry J. Long, of 297 Southside Drive, Newville, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on August 9, 1986, in Cumberland County, Pennsylvania; WHEREAS, there have been 2 children born of this marriage between Husband and Wife, to wit: Brian . Long, d.o.b. November 25, 1986 and Ashley N. Long, d.o.b. November 18, 1991. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respe ting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereo , and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; Sally Winder, Esq. represents Wife and Galen R. Waltz, Esq. represents Husband; WHEREAS, each party warrant„ as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresente ; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to b supported by Husband and all of her rights of dower, rights as heir or surviving spouse or therwise, actual, currently existing, or inchoate, in and to the real and personal property o the Husband, now owned by him or which in the future may be owned by him, and all rights t counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to r ;1inquish all his rights of curtsey, rights as heir or surviving spouse or 1 jl otherwise, actual a d currently existing or inchoate in and to the real and personal estate of the Wife, currently ow ed by her or which she may own in the future; NOW THE"FORE, the parties hereto intending to be legally bound do hereby mutually agree as follows: 1. Separation Husband and Wife do hereby mutually agree and consent to live separate and apart a d do further agree that it shall be lawful for the Husband and Wife at all times hereafter to ive separate and apart from each other, and to reside, from time to time, at such place places as they respectfully shall deem fit, free from any control or restraint or interfere e, direct or indirect, by each other. 2. No Molesta Harassment or Interference. Neither parry shall molest, harass or interfere wi t the other or compel or endeavor to compel the other to cohabit or dwell with him or er by any means whatsoever. 3. Mutual Po er and Estate Waiver. Except as otherwise expressly set forth herein, in which event uch express provision shall take precedence over this paragraph, the parties hereto inten that from and after the date of this Agreement, neither shall have any spouse's rig s in property or estate of the other, and to that end both parties waive, relinquish an forbear the rights of dower of curtsey, rights to inherit, rights to claim or take the Hus and or Wife's or family exemption or allowance, to be vested with letters of administratio or letters testamentary, or to take against any will of the other, and each agrees with t e other if either should die intestate, his or her share shall descend to vest in his or her hei s at law, personal representatives, and next of kin, excluding the other as though he or he had died a widow or widower. And each further agrees that should the other die test e, his or her property shall descend to and vest in those persons set forth in the other's La t Will and Testament as though the spouse so designated as beneficiary had predeceas d the testator. The parties further agree that they may and can hereafter, as though ma led, without any joinder by him or her, sell, convey, transfer or encumber any and all re estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be 2 necessary, the whom the Hu! name and in tl claims, or sati his or her real breach of war election contz Code, and an, by the Courtfurther agree other, pay an; to that end ea alimony, alin assistance wt 4. Child Custo 5. Support a. Child Dom numt b. Medi right and the power to appoint one or more times any person or persons band or Wife shall designate to be the attorney-in-fact for the other, in their Leir stead, to execute and acknowledge any deed or deeds, releases, quit ;factions, under seal or otherwise, to enable either party hereto to alienate >ersonal property, but without any power to impose personal liability for inty or otherwise. Each of the parties hereto further waives any right of ned in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries right to seek or have an equitable distribution or married property ordered ibsequent to Section 3502 of the Divorce Code. Each of the parties hereto that neither shall hereafter be under any legal obligations to support the expenses for maintenance, funeral, burial, or otherwise for the other, and of the parties hereto does hereby waive any right to receive support, y pendente lite, counsel fees, expenses, or any type of financial ever from the other, except as otherwise expressly provided for herein. Wife has custody of the daughter and the son is an adult. Support. Child Support is under the direction of the Cumberland County stic Relations Office as listed under Order dated 04/27/07 at PACSES Case -r903106090. ;al Care for the Children. The parties mutually agreed that Husband shall and maintain health care coverage for their minor children until the children the age of 18 or graduate from high school, whichever occurs later. Wife shall e completely responsible for all of the "out of pocket" healthcare expenses that se beyond what the insurance carrier shall pay. 6. Distributiod of Marital Assets. a. The arties agree that the items of personal property have been previously divided to th satisfaction of both Husband and Wife. All other personal property obtained by the parties during the marriage shall be sole and exclusive property of the Husband/Wife. Henceforth, each of the parties shall own, have and enjoy, inde endently of any claim of right of the other party, all items of personal prop rty of every kind, nature and description and wheresoever situated which are now caned or held by or which may hereinafter belong to the Husband or Wife 3 resp ctively, with full power to the Husband or Wife to dispose of the same as full and effectually in all respects and for all purposes as if he or she were b. Pers nal effects. All items of personal effect such as but not limited to jewelry, lugg ge, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of purs ant to this Agreement shall become the absolute and sole property of the p who has had the principal use thereof or to whom the property was given or from whom it was purchased, and each party hereby surrenders any interest he or she ay have in such tangible personal property of the other. 7. Debt. The arties amassed debt from Visa, Discover and Sears totaling $3,954.28. The debt was pai by Husband and therefore Husband has been credited with '/z of the payments w ich were Wife's responsibility. (See attached summary described as Exhibit A) In additio , Wife incurred debt in the amount of $919.03 from Lehigh Anesthesia Associates., C. which has been placed in the hands of Hamilton Law Group Collection Agency. Wi agrees to assume the entire $919.03 medical debt and to hold harmless the Husband her in. Husband has been credited for the 320 weeks of Health Insurance Payments that he has made from July 2000 to September 2006 on behalf of Wife for a total of $7,36 .00 out of pocket expense. 8. Future Debt . The parties further agree that neither will incur any more future debts for whi h the other may be held liable, and if either party- incurs a debt for which the other will e liable, that party incurring such debt will hold the other harmless from any and all lia ility thereof. 9. Real Proper . The parties agree that the real property located at 297 South Sid Drive, Newville, Cumberland County, Pennsylvania shall be valued according to t e $55,000.00 appraisal for July 17, 2000. Husband agrees to assume the existing mortg ge and to hold Wife harmless for any debt thereto. The parties shall execute all do uments concerning the transfer of title to Husband. Further, the Westminster C metery lot, vault and O/C shall be transferred from Husband to Wife. Both parties a lee to execute any and all future documents reasonably related to the 4 transfer of interest and title of the marital home from Wife to Husband and related to the transfer of interest and title of the Westminster Cemetery lot, vault and O/C from Husband to Wife and both parties shall cooperate in the prompt payment of all marital debts as outli ed above. 10. Indemnificat on. Each party represents and warrants to the other that he or she has not incurred any ebt, obligation, or other liability, other than described in this agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other ebts, obligations, liability, act or omission of such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well- founded, and that he or she will indemnify and hold harmless the other party in respect of all damages a s resulting therefrom. Damages as used herein shall include any claim, action, dema d, loss, cost, expense, penalty, and other damage, including without limitation, co unsel fee and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, r sulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warrantie s made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. T he Husband or Wife agrees to give the other prompt written notice of any litigation thr eatened or instituted against either party which might constitute the basis for a claim for in demnity pursuant to the terms of this Agreement. 11. Waiver of limon.y. In exchange for aaid in consideration of the promises and representati ns made hereunder, Husband and Wife hereby waive and release any and all right, title, in terest, claims or demand of whatsoever nature which he or she now has or hereafter can , shall or may have against the other or the respective separate property of the other und er the laws of the Commonwealth of Pennsylvania or any other governing state, count , territory or jurisdiction in nature of spousal support, separate maintenance or support, a limony, either pendente lite, temporary, rehabilitative, permanent or lump sum and rig t to seek equitable or community distribution or division or assignment of property or imilar marital rights. 5 12. Pension. H sband agrees to pay to Wife $11,146.74 minus any applicable tax, fee and withdrawal enalty and Wife shall waive all claims to Husband's pension and 401K in consideratio thereto. Husband waives all interest in Wife's pension and 401K, should she have one. 13. Counsel Fes and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document, as well as the preparation and filing of the divorc action captioned at 2006-5393 Civil Term and the Custody Order filed at the same number. If either party incurs any other legal fees or court costs, those costs will be born by the party exclusively. 14. Divorce. Tile parties acknowledge that an action for divorce between them has been filed by Hus and and is presently pending a divorce between them in the Court of Common Pleas of Cumberland County to the caption Barry Long, Plaintiff v. Lisa A. Long, Defendant, 2006- 5393 Civil Term. The parties acknowledge their intention and agreement t proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a fi 1 divorce decree in that action. 15. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his r her election, to sue for damages for breach thereof, to sue for specific performance or to seek any other legal remedies as may be available, and the defaulting party shall p y the reasonable legal fees, ,--osts and expenses for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 16. Enforcemen . The parties agree that this marital settlement agreement or any part or parts hereof ay be enforced in any Court of competent jurisdiction. 17. Applicable law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. Thi document shall be executed as original and multiple copies. 18. The Entire Agreement. The parties acknowledge and agree that this Marital 6 Settlement Ag reement contains the entire understanding of the parties and supersedes any prior agreeme nt between them. There are not other representatives, warranties, promises, covenants or u nderstandings between the parties other than those expressly set forth herein. 19. Additional l in struments. Each of the parties shall on demand or within a reasonable period thereaf ter, execute and deliver any and all other documents and do or cause to be done any othe r act or things that may be necessary or desirable to effectuate the provisions an purposes of this Agreement. If either party fails on demand to comply with this prov ision, that party shall pay to the other all attorney's fees, costs, and other expenses reas nably incurred as a result of such failure. 20. Agreement of to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, an in addition, shall retain any remedies in law or equity under this Agreement as an independent contract. Such remedies in 4w or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESSES: Barr;; Long - Lisa A. Long 7 VERIFICATION I verify that the statements made in these interrogatories are true and correct. I understand that false stat ments herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to nsworn falsification to authorities. Date: 3--o2d2 Barry L ng, Plainti • Y BARRY LONG, Plaintiff V. LISA A. LONG, Defe dant I, Jane Adams, have served a copy of the on the following date and as follows: Lisa A. Long 386 Springfield Rd. Shippensburg, Pa. 17025 DEFNDANT/RESPONDE Date: C3 k //D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 5393 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE ire, attorney for Petitioner, Barry Long, hereby certify that I foregoing Petition to Enforce Property Settlement Agreement o the following address, via first class mail, postage pre-paid, T ne Adams, Esquire D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Petitioner MAR 2 5 2010 C)? FLED .;fir ; ;CE r F _10?iOTAPY 2010 MAR 31 58 CUV N1 4'! L. BARRY LONG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 5393 CIVIL TERM LISA A. LONG, : IN DIVORCE Defendant RULE TO SHOW CAUSE AND NOW, THIS ?i Day of 2010, upon consideration of the foregoing Petition to Enforce Marital Settlement Agreement, a Rule is hereby entered against the Respondent, Lisa A. Long, to show cause why the relief requested in the attached Petition should not be granted. Rule Returnable in days from the date of service. BY THE COURT: 11 cc: Ziane Adams, Esquire, for Husband Lisa A. Long, Defendant ?o?t?Q.s ?'?t?,?, BARRY LONG, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA A. LONG, 66 DEFENDANT 99-5393 CIVIL TERM ORDER OF COURT AND NOW, this -&- day of May, 2010, upon consideration of the plaintiff's petition to enforce marital settlement agreement and the defendant's answer filed thereto, IT IS ORDERED that a hearing shall be conducted on Monday, May 17, 2010, at 11:00 a.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Jane Adams Esquire For Plaintiff ? Sally J. Winder, Esquire For Defendant :sal ?o?iQS LL s? s/ rv By the Court, 4Albe. 2Masland, J. N _ a ? T V BARRY LONG : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO. 06-5393 CIVIL LISA A. LONG DEFENDANT : IN DIVORCE ORDER OF COURT AND, NOW, this 13 day of May, 2010, upon consideration of the request for Continuance, it is ORDERED AND DIRECTED, that the hearing scheduled in the above=referenced matter for May 17, 2010, at 11:00 a.m. is continued to the 4th day of June, 2010, at 8:45 o'clock a. m. in Court room No. 5 of the Cumberland County Court house, Fourth Floor, 1. Courthouse Square, Carlisle, PA. -,' Jane Adams, Esq. Attorney for Plaintiff 17 West South Street Carlisle, PA 17013 -,?Sally J. Winder, Esq. Attorney for Defendant P.O. Box 341 Newville, PA 17241 CpiES rrm?? T11-2[0 Z&l J. a ? 'tt7