Loading...
HomeMy WebLinkAbout06-5574NICOLE E. ENGLE, Plaintiff VS. JASON A. ENGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- .s-s?'y CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 MAX J. SMITH, ., Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 NICOLE E. ENGLE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006- S$?J'y CIVIL TERM // JASON A. ENGLE, : CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, NICOLE E. ENGLE, by her attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, NICOLE E. ENGLE, is an adult individual and citizen of the United States of America, whose address is 404 Wren Court Mechanicsburg, Cumberland County, Penn- sylvania 17050. 2. The Defendant, JASON A. ENGLE, is an adult individual and citizen of the United States of America, whose address is 404 Wren Court Mechanicsburg, Cumberland Coun- ty, Pennsylvania 17050. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about May 1, 1999 in Hershey, Pennsylvania. 5. Plaintiff avers that there are three (3) children of the parties under the age of 18, namely: PAIGE L. ENGLE, born September 28, 1991, MORGAN E. ENGLE, May 26, 1999 and DILLON J. ENGLE, born February 1, 2002. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. Plaintiff avers that there has been one prior action for divorce docketed to No. 2182 S 1993 in the Court of Common Pleas of Dauphin County, Pennsylvania. 9. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Respectfully submitted, Date: September 25, 2006 op, V, MAX J. SMITH, JR. squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. 409. w O C? 0 C;ro rc < ?,: '"? a , _ C7 {?i 1 NICOLE E. ENGLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-5574 CIVIL TERM JASON A. ENGLE, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed Petition within twenty (20) days from service hereof or a judgment may be entere4-4gainst you. MAX J. SMITH, JR., E Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 NICOLE E. ENGLE, Plaintiff vs. JASON A. ENGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5574 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, ATTORNEY FEES, COSTS AND EXPENSES AND NOW comes the Plaintiff, NICOLE E. ENGLE, by her attorney MAX J. SMITH, JR., Esquire, and respectfully states as follows: 1. Plaintiff filed a divorce Complaint pursuant to the no-fault provisions of the Pennsylvania Divorce Code on September 25, 2006, entered to the within term and number. 2. There has been no responsive pleading filed to date in this matter by the Defendant. COUNT II ALIMONY PENDENTE LITE ATTORNEY FEES COSTS AND EXPENSES 3. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel and payment of costs and expenses. 4. Plaintiff is without sufficient means to support herself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain herself during the pendency of this action. 5. Plaintiff does not have adequate income to provide for her reasonable needs and pay her counsel fees and the costs and expenses of this proceeding. 6. Defendant has adequate earnings to provide for the support of Plaintiff during the pendency of this litigation and to pay her attorney fees, costs and expenses; and therefore Plaintiff demands counsel fees and expenses under Section 3702 of the Divorce Code. WHEREFORE, Defendant prays this Honorable Court to: (a) award Plaintiff alimony pendente lite, reasonable attorney fees, costs and expenses; and (b) order such further relief as the Court may determine equitable and just. Respectfully submitted, Date: January 12, 2007 quire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 r -? MAX J. SMITH JR. s ' NICOLE E. ENGLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-5574 CIVIL TERM JASON A. ENGLE, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 11- day of January, 2007, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff's Petition for Alimony Pendente Lite, Counsel Fees, Costs and Expenses by depositing a copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Daley, Zucker & Gingrich, LLC Attn: Sandra L. Meilton, Esquire 1029 Scenery Drive Harrisburg, PA 17109-5322 r MAX J. SMITH, JR., E%4uire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 r C'J rTl i -77 Cj 1 -. NICOLE E. ENGLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-5574 CIVIL TERM JASON A. ENGLE, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 26th day of September, 2006, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7004 2890 0001 4068 9077 at Hummelstown, Pennsylvania, addressed to: Jason A. Engle 404 Wren Court Mechanicsburg, PA 17050-2093 Mailing and return receipt cards attached hereto. /'i.' ?_ f] MAX J. `SMITH; V1., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 N Wit, 0-' r0 C3 -11 Postage $ r-H 0 Certified Fee 4?y V O 0 Return Receipt Fee (Endorsement Required) C3 Cr Restricted Delivery Fee (Endorsement Required) 3. D 43 ru Total Postage & Fees $ S (ostmdj(, Here`;` c3 Sent To . C3 Ck . lei\ f? 3`treef. A t - --------- ^ - ------------------------- or PO D- - ---- l -----... -- City State. ZI r• /x ?j I 0 3 `I s PS Form 3800. June .2002 See Reverse for InstrUCtions ¦ 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 back of the mailpiece or on the front if space permits. 1. Article Addressed to: ?` . 6"? A. SNature X j& ? Agent ? Addressee B. Receiv4d by (Printed Name) I.Gr-F-0?ata-of Delivery D. Is delivery address different T ? l\ If YES, enter delivery add el* ?? No i,%', L? 3. t,S.,&ervice Type f Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) kit Yes 2. Article Number 7004 2890 0001 4068 9077 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt Os95 M-1540 _, ??? C? ?-. _.? , -r t . C.,_ ? ? ;, -; ; C?i rJ i _ .. ? ? r.; r?: ?? _- , - - , -. '? _J r ra --< ? ? =i= --- < SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeiltonna gnunglaw.com NICOLE E. ENGLE, Plaintiff V. JASON A. ENGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5574 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF DEFENDANT WAIVING MARRIAGE COUNSELING I, Jason A. Engle, Defendant in the above-captioned matter, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Dated: 10 ` U ` uq) (V??\ Jason A. En le, Defend Ilk, C7 t° ' "? a? ??? _ c..? c:,? -r7 _ :, ?, -?, ? ; _ ?.? :'"a ';, ??. ??? ???, f :.,.? e-a § ? ?? NICOLE E. ENGLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-5574 CIVIL TERM JASON A. ENGLE, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 25, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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: , 2008 L?d , 's &,?? C11C, E. ENGLE C-A i (,ly G cr% SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(M mmalaw.com NICOLE E. ENGLE, Plaintiff V. JASON A. ENGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5574 CIVIL TERM CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 06 ,30 =g - E Nic le E. Engle, Plaintiff C? r13 C:_! - r .. C), SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton6i)dzmmglaw. com NICOLE E. ENGLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JASON A. ENGLE, Defendant : NO. 06-5574 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 25, 2006. 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1 D 3® QS -fl I° d IT, " .. ?x , rel 7 C-n I V C SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeilton(a-M mmglaw.com NICOLE E. ENGLE, Plaintiff V. JASON A. ENGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5574 CIVIL TERM CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: I o 30 0 e r n ; of - 57q MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, Made this day of NV,- , 2008, by and between JASON A. ENGLE, hereinafter referred to as "Husband", and NICOLE E. ENGLE, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 1, 1999; and WHEREAS, three children were born to the parties, namely, Paige L. Engle, born September 28, 1991, Morgan E. Engle, born May 26, 1999 and Dillon J. Engle, born February 1, 2002; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Sandra L. Meilton, and Wife by her attorney, Max J. Smith, Jr., have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on September 25, 2006, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on September 25, 2006, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: - 2 - Description of Debt Responsible Party A. TD Bank North loan for 2000 mobile home Husband B. Sovereign Bank lien on 2003 Dodge Durango See below C. Capital One credit card See below D. Chase credit card See below E. Discover credit card See below F. Discover credit card See below G. Lowes credit card See below H. PSECU personal loan (joint) See below 1. PSECU personal loan (joint) See below J. ThD/CBSD credit card See below K. Washington Mutual/Providian credit card See below L. WFFinance personal loan See below Husband shall be responsible for Debt A. Husband's share of Debts B. through L. have been discharged in his personal bankruptcy filed in 2008. Wife agrees to be solely responsible for the remaining balance of said debt listed above and covenants and agrees to pay and discharge the remaining balance of said debt in accordance with the terms thereof, and agrees to indemnify Husband from any loss by reason of his default in the payment thereof and agrees to save Husband harmless from any future liability with regard thereto. Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. - 3 - 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the fact that it is the second marriage for both Husband and Wife (having been previously married to each other), the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Wife's antique hoosier is presently being stored by Husband's mother. Said antique shall be Wife's sole property and she shall retrieve same within thirty (30) days of the signing of this Agreement. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or - 4 - documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISTRIBUTION OF MARITAL RESIDENCE: The parties acknowledge that Husband is the titled owner of a 2000 mobile home (the "Marital Residence") currently situate in Hampden Township, Cumberland County, Pennsylvania, subject to the lien given to TD Bank North. Wife hereby waives any and all rights she may have to said mobile home. Husband agrees to be solely responsible for the payment of all future loan payments, insurance and other expenses associated with the mobile home and covenants and agrees to pay and discharge the existing loan obligation on said mobile home in accordance with its terms, and agrees to indemnify Wife from any loss by reason of her default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto. C. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. - 5 - 8. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 2003 Dodge Durango which was titled jointly by the parties was subject to a joint lien held by Sovereign Bank. Said vehicle was repossessed by Sovereign Bank after date of separation. Husband's share of said lien was discharged as noted above in Paragraph 5. It is agreed by the parties that Wife's share of said lien shall remain her responsibility and is intended to be discharged in a bankruptcy action filed or to be filed by Wife. Wife covenants and agrees to pay and/or discharge the balance of the said lien on said vehicle and agrees to indemnify Husband from any loss by reason of his default in the payment thereof and agrees to save Husband harmless from any future liability with regard thereto; and (b) the 2002 Dodge Dakota pick up truck owned by Husband at the date of separation has been traded in for a 1989 Honda Odyssey. The lien which existed with regard to the Dodge Dakota truck has been paid. The said truck and any proceeds from the trade in of said vehicle shall become the sole and exclusive property of Husband; and (c) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 9. PHOTOGRAPHS OF CHILDREN: The parties acknowledge that formal studio photographs and other photographs have been taken of the children throughout their lives and that the majority of same are in Wife's possession. The parties further acknowledge that Wife requested and received duplicate copies of digital photographs of the children from Husband shortly after date of separation. The parties further acknowledge that it was their normal practice to obtain duplicate pictures when same were developed. The parties agree that Wife shall assemble the duplicate photographs of the children and deliver same to Husband within a reasonable time after the signing of this Agreement (not to exceed ninety (90) days). - 6 - The parties further agree that if Husband desires any other photographs, he may request an opportunity to review photographs in Wife's possession. Should there be any photographs that he desires, the parties agree that those photographs will be duplicated and the cost of duplication will be shared. 10. ALIMONY: Husband agrees to pay Wife the sum of $253.19 per month for the support and maintenance of Wife. Such obligation for support to Wife shall commence at the signing of this Agreement and continue until the earliest of the following events: May 31, 2009, Wife's death or Wife's remarriage. Husband further agrees to provide medical and hospitalization coverage for Wife until the entry of a final Decree in Divorce between the parties or until September 30, 2008, whichever occurs first. Wife acknowledges and agrees that the provisions of this Agreement providing for the payment of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife or Husband and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance or request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife or Husband whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband for her support and maintenance of herself and for alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. 11. ALIMONY PENDENTE LITE, COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony - 7 - pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 12. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. - s - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 15. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 17. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. 18. 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 any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. - 9 - 19. OPPORTUNITY TO OBTAIN ADVICE OF INDEPENDENT TAX COUNSEL OR ACCOUNTANT: Both parties acknowledge and agree that they have had the opportunity to retain tax attorneys, accountants, tax advisors, or certified public accountants with reference to the tax implications of this Agreement. 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seg. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 22. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of - io - such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 23. 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 upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 27. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. - il - 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 30. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. "A v (SEAL) Jaso A. chalo (SEAL) 4Niole E. Engle - 12 - COMMONWEALTH OF PENNSYLVANIA ) ( SS: ) COUNTY OF 6ZINA?? On this, the vU day of 2008, before me, a Notary Public, the undersigned officer, personally appeared Jason A. Engle, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Linda J. Strine, Notary Public Deny Twp., Dauphin County My Commissior Expires June 22, 2011 Member, pea,tnnvBuNr l per sci:iation of Notaries COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF '-L)(Z,L,;P L.'r. On this, the 3? day of T) t e-e , 2008, before me, a Notary Public, the undersigned officer, personally appeared Nicole E. Engle, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CAL Qrx M . U?A-e- Notary Public COMMONWEALTH OF PENNSYLVANIA jAfisa otarial Seal Stine, Votary Public p., Dciupnin County n, Expiv=r Nov. 19,201 1 Member, Pennsyrvania Association of Notaries CJ] C NICOLE E. ENGLE Plaintiff VS. JASON A. ENGLE, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION : NO. 2006 - 5574 CIVILTERM PRAECIPE TO TRANSMIT RECORD 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) 33a of the Divorce Code. (Strike out inapplicable section), 2. Date and manner of service of the complaint: Certified mail, September 27, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code; by plaintiff 10/30/08 by defendant 10/30/08 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: Tyr,- 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: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 10131/08, Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 10/31/08 Attorney for Fkq&k Defendant- -TI tom` ..? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NICOLE E. ENGLE NO. 2006 - 5574 VERSUS JASON A. ENGLE DECREE IN DIVORCE AND NOW, NOvIt.1vNtr y 10p? , IT IS ORDERED AND DECREED THAT NICOLE E. ENGLE AND JASON A. ENGLE ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set ort in the written Marital Settlement Agreement made and entered into by the parties on October 30, 2008, are ..ncornoratpd into thin Decree by reference theret?Tbut not merged into, this Decree. BY THE COURT: ATTEST: J. PROTHONOTARY ,W- --// '5 o'> -//