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HomeMy WebLinkAbout06-5602 The Law Offices of Robert S. Mirin Debra R. Mehaffie, Esquire Attorney J.D. 90951 2515 North Front Street Harrisburg, P A 17110 (717) 909-9900 (717) 561-1616 fax Attorney for Susan A. Jolley SUSAN A. JOLLEY, Plaintiff, VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c NO. Ol- -S'L6Z ~;u~L I~~ ROBERT L. JOLLEY, JR. 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 may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. SUSAN A. JOLLEY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 0(, - SLI"l:l GUl'L~~ ROBERT L. JOLLEY, JR. Defendant. IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) AND (d) OF THE DIVORCE CODE AND NOW COMES Susan A. Jolley (hereinafter referred to as "Plaintiff'), by and through her counsel, the Law Offices of Robert S. Mirin, files this complaint in divorce and in support thereof states the following: 1. The Plaintiff is Susan A. Jolley, an adult individual who resides at 1109 Quincy Circle, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is Robert L. Jolley, Jr., an adult individual who resides at 71 Woodlawn Avenue, Mountain Top, Luzerne County, Pennsylvania, 18707. 3. Plaintiff and Defendant have two minor children of the marriage, Nicole E. Jolley age 17 (d.o.b. October 17, 1988), and Heather E. Jolley age 15 (d.o.b. November 11, 1990), and one adult child who is not the subject of this action, Tanya M. Jolley, age 24 (d.o.b. September 18, 1982). Presently, the parties do not have any issues regarding custody of the children. 4. The parties were married on November 19,1982 in Mountain Top, Luzerne County, Pennsylvania. 5. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to filing ofthis divorce complaint. 6. The parties have lived separate and apart within the meaning of the Pennsylvania Divorce Code since November 8, 2004. 7. Defendant is not a member of the armed forces or the United States or any of its allies. ?~~~~~~~~~~~~~~~~~~~~~~~~~~~~+~~+~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+~+~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY' STATE OF PENNA. SUSAN A. JOLLEY, PLAINTIFF No. 06-5602 VERSUS ROBERT L. JOLLEY, JR., DEFENDANT DECREE IN DIVORCE AND NOW, ~ -'- {.-< 200(,., IT IS ORDERED AND 2 ?- DECREED THAT SUSAN A. JOLLEY , PLAI NTI FF, AND ROBERT L. JOLLEY, JR. , DEFEN DANT, 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; None. It is further ordered that the Marital Settlement Agreement dated November 21, 2006 and attached hereto is incorporated but shall not merge herewith. . p'r,;{l f;11:Z ~~ J~tA (.0/ ('I I ~~ fr'-? ,:7 ~"lV 4~) P?J W C( ,I 8. There have been no prior actions of divorce or for annulment between the parties. 9. Pursuant to the Divorce Code Section 3301 (c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 10. The Plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. COUNT I REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER & 3501 OF THE DIVORCE CODE 11. Paragraphs 1 through 10 are incorporated herein and made a part hereofby reference. 12. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under section 3501 et. seq. of the Divorce Code of 1980. 13. Plaintiff and Defendant have been unable to amicably agree upon the equitable distribution of some ofthe marital property, namely Defendant's 401K plan and Defendant's Retirement Plan. COUNT II REQUEST FOR ALIMIONY PENDETE LITE. SPOUSAL SUPPORT AND ALIMONY UNDER 3104.3701.3702 AND 3704 OF THE DIVORCE CODE 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. Plaintiffis unable to sustain herself during the course of litigation. 16. Plaintiff lacks sufficient property to provide for her reasonable needs. 17. Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code. COUNT III REQUEST FOR COUNSEL FEES. COSTS AND EXPENSES UNDER 3104 AND 3502(3) OF THE DIVORCE CODE 18. Paragraphs 1 through 17 are incorporated herein by reference. 19. Plaintiff has employed Debra R. Mehaffie, Esquire of the Law Offices of Robert S. Mirin to represent her in this matter. 20. Plaintiff is unable to pay the necessary counsel fees and Defendant is more than able to pay them. 21. Plaintiff is unable to pay the necessary costs and expenses and Defendant is more than able to pay them. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests: 1. That an Order be entered distributing all of the property, real and personal, as the Court may deem equitable and just, plus costs; 2. That the Court enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code; and 3. That pursuant to 3104 and 3502(a) of the Divorce Code the Court enter an Order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. Respectfully Submitted, THE LAW OFFICES OF ROBERT S. MIRIN By R. Mehaf Ie, Esquire P . ill No. 90951 15 N. Front Street Hamsburg, P A 17110 (717) 909-9900 SUSAN A. JOLLEY, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. ROBERT L. JOLLEY, JR. Defendant. : CNILLAW-INDNORCE VERIFICATION I, SUSAN A. JOLLEY, verify that the statements made in this Complaint in Divorce 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. j);)S loG, Date b~tf;,Q/;&f . SUSAN A. JOLLEY, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. ROBERT L. JOLLEY, JR. Defendant. CIVIL LAW-IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The Plaintiff, being duly sworn according to law deposes and says: 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 and that this 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. qjJ5!OlP Date l~agmr , ~ ~ B fn ~ ~ ~~ ~~ ~ (1 ,':> ~\ C cf' .-\ -" . ^ -:r: "'T' -.-.. ..~- v ~ h1 -c:: -f.-J " ~, ~ ~ \ '.- -...) .....(....'... 'n . "-~'; '"\ ... r,<) ,.)_, 'c 'Cf' '-:\\,1', . ~::,~.~~~ rV ~-\ .- :~Q - ::.:.c:. ~2 0' SUSAN A. JOLLEY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No.: 06-5602 - Civil Term ROBERT L. JOLLEY, JR. Defendant IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE UNDER SECTION 3301{c) AND (d) OF THE DIVORCE CODE AND NOW COMES Robert L. Jolley, Jr., hereinafter referred to as defendant, by and through his counsel, Ruth Slamon Borland, Esquire, hereby respectfully represents: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. COUNT I REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~ 3501 OF THE DIVORCE CODE 11. No answer needed. 12. Admitted. " 13. Admitted. COUNT II REQUEST FOR ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND ALIMONY UNDER 3104. 3701 AND 3704 OF THE DIVORCE CODE 14. No answer required. 15. Denied. Proof demanded at trial. 16. Denied. Proof demanded at trial. 17. Denied. Proof demanded attrial. COUNT III REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER 3104 AND 3502{a) OF THE DIVORCE CODE 18. No answer required. 19. Admitted. 20. Denied. Proof demanded at trial. 21. Denied. Proof demanded at trial. Respectfully submitted: Ruth Slamon orland, Esquire Attorney for Defendant Attorney 10 No.: 23674 69 Public Square 11th Floor Wilkes-Barre, PA 18701 (570) 822-3311 .. VERIFICATION I, ROBERT L. JOLLEY, JR., verify that the averments made in the foregoing Answer to Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 34904, relating to unsworn falsification to authorities. Date: _( ~ ,:;... - (3 rf? t--.J C;:-..:J ,= 0;,;...; ~'. o (") "'""~",..: 0''. :~ ~,-~ t') Ul ,- "'1" 10/15/2005 11:35 7175511515 ROBERT 5 MIRIN ESQ PAGE 03/04 SUSAN A. JOLLEY. Plaintiff. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. ; NO. 06-5602 Civil Term ROBERT L. JOLLEY, JR Defendant : IN DNORCE ACCEPTANCE OF SER.VICE I, Ruth SIamon Borland, Esquire, hereby accept service of the Complaint in Divorce and represent that I am authorized to do so. Date; /p /~#~ / ~~~O( Ruth. Slamon Borland, Esquire I.D. No. 11th Floor 69 Public Square Wilkes-Bane, Pennsylvania 18701-2597 (570) 822~3311 Attorney for the Defendant 3 g f"oo,) ~ ~ ~ ri1W: 0 ~~ <:"') z_. ~ ..,i.' Zr.:" ~~ (.1')<>., \D 2/: ~b :.:::::C -0 -r- -ri ')> e'. 1'.:5 :n ~~ 3: 6~ - .. --'-i ~ N ~ SUSAN A. JOLLEY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No.: 06-5602 - Civil Term ROBERT L. JOLLEY, JR. Defendant IN DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defenant, Robert L. Jolley, Jr. BORLAND & BORLAND 69 Public Square 11 th Floor Wilkes-Barre, PA 18701 (570) 822-3311 (") c s: -0 tT' mp, ~;~~. ~_._- ".,.,. ~~r'~, '- <;.." ~f~ ~ ...( ......, = = <:T' <::) ("') ..-j N o ~ ~:n -0 hi -ny 06 ::;:1-'1~ ~ .,.l.--n r;: C) om "4 ~ -0 ::l: c:- w SUSAN A. JOLLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -vs- No. 06-5602 ROBERT L. JOLLEY, JR., Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE: If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on November 8, 2004 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements are subject to the penalties of 18. Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: If (08/0& . I Ju~q~ /Susan A. Jolley / r--:> = c? <Y' -;? C5 Ollie:.: 1 U) ~ .-\ "'"C..." fll? "'OtP ::~?:~) -0 - ff:::~ :P: ~ ---"';: l)? 1'.' CP SUSAN A. JOLLEY, Plaintiff, : IN THE COURT OF COMMONPLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-5602 Civil Term ROBERT L. JOLLEY, JR. Defendant. : IN DNORCE ACCEPTANCE OF SERVICE I, Ruth Slamon Borland, Esquire, hereby accept service of the Affidavit of Separation and represent that I am authorized to do so. Date: t/ntl1llL I! ~ft Ruth Slamon BOfd, Esquire I.D. No. cJ 1~, 1 11 th Floor 69 Public Square Wilkes-Barre, Pennsylvania 18701-2597 (570) 822-3311 Attorney for the Defendant o 11 .:? _J """C, -' ~ f',) f".) ~ llE.Cr.f'lBD NO\l 1 Debra R. Mehaffie, Esquire Counsel for Wife AGREEMENT BETWEEN SUSAN A. JOLLEY AND ROBERT L. JOLLEY, JR. OR'GINAL ---rw. O~~ S ~o)... Ruth Slamon Borland, Esquire Counsel for Husband SECTION I: Introduction SECTION II: General Provisions SECTION III: Property Distribution SECTION IV: Custody SECTION V: Child Support SECTION VI: Closing Provisions and Execution TABLE OF CONTENTS PAGE 1 2 9 12 14 15 SECTION 1 INTRODUCTION THIS AGREEMENT, made this Jl day offl){!)~, 2006, by and between, ROBERT L. JOLLEY ("Husband") and SUSAN A. JOLLEY ("Wife"). WITNESSETH: 1. WHEREAS, Robert L. Jolley, Jr. currently resides at 71 Woodlawn Avenue, Mountain Top, Luzerne County, Pennsylvania, 18707. WHEREAS, Susan A. Jolley currently resides at 1109 Quincy Circle, New Cumberland, Cumberland County, Pennsylvania, 17070. WHEREAS, the parties hereto are Husband and Wife, having been married on November 19, 1982 in Luzerne County, Pennsylvania. WHEREAS, there are three children of the marriage, namely Tonya M. Jolley, born September 18, 1982, Nicole E. Jolley, born October 17, 1988, and Heather E. Jolley, born November 11,1990. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; 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. -- 1 It-r (Initials) NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: SECTION II GENERAL PROVISIONS 1. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered in this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 2. 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. Each party shall be free from interference, authority, or contract 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 or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties ~/J. (}- ~ 2 fir (Initials) hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term ofthis Agreement, whether or not either or both the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 3. MUTUAL CONSENT DIVORCE The parties intend to secure a no fault divorce pursuant to the provisions of 3301(d) of the Pennsylvania Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions. 4. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 5. DATE OF EXECUTION The "date of execution" or "execution date" ofthis Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of ~ 3 Iff (Initials) this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Debra R. Mehaffie, Esquire and to Husband by his attorney, Ruth Slamon Borland, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 7. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Please of Cumberland County to make equitable distribution of said asset. ti- 4 It) (Initials) 8. TAX PROVISIONS The parties believe and agree, and have been so advised, Wife by her counsel, Husband by his counsel, 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 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 for in the preceding sentence on his or her federal or state income tax 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 misrepresentation or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Husband and Wife hereby agree that Wife may claim Nicole E. Jolley, born October 17, 1988, and Heather E. Jolley, born November 11, 1990, as dependents on her 2006 tax return and thereafter until they are no longer dependents. 9. MUTUAL RELEASE: Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any party thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or ~ 5 fIT (Initials) widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 10. PRESERVATION OF RECORD Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other part of all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or (ytf 6 fiT (Initials) her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of a default of any provision of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contact, under theories or equity, as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Excepts as may otherwise be provided, this Agreement shall be binding and shall mure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. ~ 7 -1t;- (Initials) 17. NO WAIVER OR DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligation herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested to 1109 Quincy Circle, New Cumberland, Pennsylvania, 17070, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested to 71 Woodlawn Avenue, Mountain Top, Pennsylvania, 18707, or such other address as Husband from time to time may designate in writing. ~ 8 fJT (Initials) 20. HEADINGS NOT PART OF AGREEMENT Any hearings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION III PROPERTY DISTRIBUTION 1. PENSIONS. RETIREMENT AND 401(k) PLANS Husband and Wife hereby acknowledge that Wife has not acquired any pension, retirement, 401(k) or IRA through the duration of the marriage. Husband and Wife hereby acknowledge that Husband has accumulated certain employment related benefits through HPG International as a result of his employment with the same. Specifically, Husband and Wife hereby acknowledge that Husband has a 401(k) plan as a result of his employment with HPG International, said 401(k) plan is currently administered through Vanguard, which had a balance as of September 30, 2006 in the amount of $11,791.70, with outstanding loans in the amount of $2,883.28. Husband and Wife hereby agree that Husband will transfer $8,902.42 to Wife's 401(k) immediately upon execution of this Agreement. Wife hereby waives all of her rights, title and interest in the remaining balance of said 40l(k). Husband and Wife further acknowledge that Husband, having been employed by HPG International since March of 1990 is entitled to receive a union retirement pension, which has not been appraised by an actuary. Notwithstanding that the value of said pension has not been determined, Wife hereby waives all of her right, title and interest in Husband's union pension. Husband and Wife further acknowledge that Wife, having been employed with Holy Spirit Hospital since August 15, 2005, has accumulated a 401(k) plan which is (~ 9 lIT' (Initials) agreed to be the separate and sole property of Wife. Husband hereby waives any right, title and interest he may have in said 401(k) savings plan. 2. PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties have previously separated all personal property, vehicles, etc. not otherwise mentioned by this Agreement to their satisfaction. The parties do hereby specifically waive, release, renounce and forever, abandon any claims, which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 3. CASH ASSETS AND OTHER ASSETS The parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. 4. DEBTS AND OBLIGATIONS Husband and Wife acknowledge that they owe an outstanding balance in the amount of $4,417.92 to Midland, account number ending in 4558. The parties agree that Wife shall be solely responsible for this debt. Wife shall pay said debt in full no later than one year from the date of the divorce decree. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar account exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution ofthis Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. Husband represents and warrants to Wife that since November 2004, 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 ~ 10 pr (Initials) claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since November 2004, 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 such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 5. PAYMENT OF LEGAL FEES The parties agree that Husband and Wife shall equally share the costs for filing fees and court costs associated with filing the divorce action. The parties acknowledge that Wife paid $250.50 to file the divorce action. Husband shall pay to Wife $125.25, representing his half of the filing fees. Each party hereby agrees to be responsible for attorney's fees incurred on their behalf. 6. AFfER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal, mixed, tangible or intangible, which are acquired by him or her after the parties' date of separation, that being November 8, 2004, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. ALIMONY Husband hereby agrees that he shall pay alimony to Wife in the amount of Two Hundred Thirty Six Dollars and Twenty Cents ($236.20) per month to be paid bi-weekly in the amount of One Hundred Eighteen Dollars and Ten Cents ($118.10) commencing on the date of execution of this Agreement until August 31, 2007. Husband hereby agrees that he shall continue to pay alimony to Wife in the amount of One Hundred Seventy Eight Dollars and Eighty Cents ($178.80) per month to be paid bi-weekly in the amount of Eighty Nine Dollars and Forty Cents ($89.40) from September 1, 2007 f!t 11 lit! (Initials) through August 31, 2009. Husband hereby agrees that he shall continue to pay alimony to Wife in the amount of One Hundred Fifty Dollars ($150.00) per month to be paid bi- weekly in the amount of Seventy Five Dollars ($75.00) from September 1,2009 through August 31, 2011. Husband hereby agrees that he shall continue to pay alimony to Wife in the amount of One Hundred Twenty Five Dollars ($125.00) per month to be paid bi- weekly in the amount of Sixty Two Dollars and Fifty Cents ($62.50) from September 1, 2011 through August 31, 2013. Husband shall remit said payments directly to Wife through direct deposit into Wife's checking account bi-weekly on his pay date. Wife hereby acknowledges that said alimony may terminate sooner than August 31, 2013 as a result of her co-habitation with a member of the opposite sex, remarriage or death. The parties hereto acknowledge that said alimony payments shall be deductible by Husband on his income tax returns and shall be included as income to Wife on her income tax returns. SECTION IV CUSTODY Husband and Wife are the natural parents of three children, namely Tanya M. Jolley, born September 18, 1982, Nicole E. Jolley, born October 17, 1988, and Heather E. Jolley, born November 11, 1990. Husband and Wife acknowledge that their daughter Tanya M. Jolley is age twenty four (24) and that Nicole E. Jolley is age eighteen (18) years and is currently a senior in high school and will be graduating in June of 2007. Husband and Wife hereby acknowledge that the terms of this custody provision apply primarily to their daughter, Heather E. Jolley, and that Tanya and Nicole are of such an age that they may determine for themselves the times they will spend with Mother and Father. The parties hereto acknowledge that the following paragraphs apply primarily for their daughter, Heather: (a.) LEGAL CUSTODY Husband and Wife hereby agree that they shall share legal custody of their minor daughter, Heather E. Jolley. The parties agree that major decisions ~tia~ 12 fAl (Initials) concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. ~ 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent as authorized by statute. Mutual agreement should be made in advance regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing the child's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage or enlisting in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. (b.) PHYSICAL CUSTODY Husband and Wife agree that Wife shall maintain primary physical custody of their daughter, Heather E. Jolley. Husband shall enjoy liberal periods of partial custody at times agreed to by the parties. S- 13 ttJ (Initials) SECTION V CHILD SUPPORT Husband and Wife agree that Husband shall pay Seven Hundred Sixty Three Dollars and Eighty Cents ($763.80) per month to be paid bi-weekly in the amount of Three Hundred Eighty One Dollars and Ninety Cents ($381.90) from the date of execution of this Agreement through August 31, 2007 for the support of Nicole and Heather. Father agrees to continue child support in the amount of Five Hundred Seventy One Dollars and Twenty Cents ($571.20) per month to be paid bi-weekly in the amount of Two Hundred Eighty Five Dollars and Sixty Cents ($285.60) from September 1,2007 through August 31, 2009 for the support of Nicole and Heather. Father agrees to continue child support in the amount of Three Hundred Fifty Dollars ($350.00) per month to be paid bi-weekly in the amount of One Hundred Seventy Five Dollars ($175.00) from September 1, 2009 through August 31, 2011 for the support of Nicole and Heather. Father agrees to continue child support in the amount of One Hundred Twenty Five Dollars ($125.00) per month to be paid bi-weekly in the amount of Sixty Two Dollars and Fifty Cents ($62.50) from September 1, 2011 through August 31, 2013 for the support of Nicole and Heather. Husband shall remit said payments directly to Wife through direct deposit into Wife's checking account bi-weekly on his pay date. In the event that Husband is more than two (2) direct payments behind, Wife shall be entitled to file a Complaint for Support with the appropriate Domestic Relations Office to enforce the obligation as set forth under this agreement and to seek any arrears accrued from the date that Husband fails to pay his obligation as set forth in this Agreement. Husband shall provide medical, dental and vision insurance for Nicole E. Jolley and Heather E. Jolley until they are no longer eligible under Husband's employer, that by HPG International, pursuant to the plan administration rules and regulations. In the event that Husband's insurance changes, he shall continue to provide medical, dental and vision coverage for Nicole E. Jolley and Heather E. Jolley until each child graduates from a four year college program. Wife shall be responsible for the first $250.00 in unreimbursed ~ 14 (4r (Initials) medical expenses per child annually with the remaining unreimbursed medical expenses paid fifty percent by Husband and fifty percent by Wife. SECTION VI CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. ~~ g[{ 15 lIT (Initials) RECEiVED NuV 1 62005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the \ '1 ~ day of November 2006, before me, a Notary Public, the undersigned officer, personally appeared SUSAN A. JOLLEY, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: lolt.laOIO ~~ Notary Public NOTARIAl SEAl. ROSEMARY A HUM Notary PublIc HARRfS8URG cnv. ~ COUNlY Mv CommiMlOn ExpIMI Oct 6. 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the fL/fI.J day of November 2006, before me, a Notary Public, the undersigned officer, personally appeared ROBERT L. JOLLEY, JR., known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: 9 f;/;o , N~C~ ' JH OF PEttWSVLVANA NOTARIAL SEAL DAVID P. TOMASZEWSKI, Notary PublIc Wllces-Barre, Luzeme CCU1ty UV CIaIrIII"'" ExpIres ~ 11, 2010 \1.1' \, '; .. ~ ,", . ~"('"'" .,<""-.-....... - ~" JAJ,"f '"" I' T\I\UH A ,0;,,,,,<',' k,9 :J;k'h '" ","'00:) vt(~\lA()" .:.,H jt"i"H!~tf o I O~: .0 t)(., ~9\lq,/:! ,V "f,t\!V'(\\' '.1 ,M "!"'; () C ::~~~;. r--c. ':~~ -J n -i-j -J -.- i'-i~i ..:'.-:;:) Ln ~ f'''"'') N f',,) -,...... ~ .J -< RECEIVED NOV 1 62006 SUSAN A. JOLLEY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-5602 ROBERT L. JOLLEY, JR. Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: /J.. J 5/ d 00(1' j / /1 ~~qw~r Susan A. Jolley o c; ..,:,:' ~ c:::l Cl" ::2 .....:> c:;:l c'''\ n - ~ - (.;) -l RF..CEIVED DEe. C SUSAN A. JOLLEY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-5602 ROBERT L. JOLLEY, JR. Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: I'). - 7- ~ 6 (') c <~ t-:' r-:l = ,:..> cl'" c::J ,~'"'\ 'ri - ;- o -n .~ :r......... r11"::, -dOJ ~;~}, ",o(' ~.J IJ-\ ---,. .~-~.~ ...",.~ ......~.- -0 't~?~ .~ ~ 0' -J R'Rf'.l:i.1Vl:in nf{':1 ~. ?n(\~ Debra R. Mehaffie, Esquire Counsel for Wife AGREEMENT BETWEEN SUSAN A. JOLLEY AND ROBERT L. JOLLEY, JR. OR'G!NAL 7W. Oi- S (,0).. Ruth Slamon Borland, Esquire Counsel for Husband SECTION I: Introduction SECTION II: General Provisions SECTION III: Property Distribution SECTION IV: Custody SECTION V: Child Support SECTION VI: Closing Provisions and Execution TABLE OF CONTENTS PAGE 1 2 9 12 14 15 SECTION 1 INTRODUCTION THIS AGREEMENT, made this R day offl)(!)~, 2006, by and between, ROBERT L. JOLLEY ("Husband") and SUSAN A. JOLLEY ("Wife"). WITNESSETH: 1. WHEREAS, Robert L. Jolley, Jr. currently resides at 71 Woodlawn Avenue, Mountain Top, Luzerne County, Pennsylvania, 18707. WHEREAS, Susan A. Jolley currently resides at 1109 Quincy Circle, New Cumberland, Cumberland County, Pennsylvania, 17070. WHEREAS, the parties hereto are Husband and Wife, having been married on November 19, 1982 in Luzerne County, Pennsylvania. WHEREAS, there are three children of the marriage, namely Tonya M. Jolley, born September 18, 1982, Nicole E. Jolley, born October 17, 1988, and Heather E. Jolley, born November 11,1990. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; 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. -- 1 !lJr (Initials) NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: SECTION II GENERAL PROVISIONS 1. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered in this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 2. 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. Each party shall be free from interference, authority, or contract 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 or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties Ox/{ f1- ~ 2 fff (Initials) hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term ofthis Agreement, whether or not either or both the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 3. MUTUAL CONSENT DIVORCE The parties intend to secure a no fault divorce pursuant to the provisions of 3301(d) of the Pennsylvania Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions. 4. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of ~ 3 lif (Initials) this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Debra R. Mehaffie, Esquire and to Husband by his attorney, Ruth Slamon Borland, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 7. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Please of Cumberland County to make equitable distribution of said asset. - 4 ItT (Initials) 8. TAX PROVISIONS The parties believe and agree, and have been so advised, Wife by her counsel, Husband by his counsel, 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 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 for in the preceding sentence on his or her federal or state income tax 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 misrepresentation or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Husband and Wife hereby agree that Wife may claim Nicole E. Jolley, born October 17, 1988, and Heather E. Jolley, born November 11, 1990, as dependents on her 2006 tax return and thereafter until they are no longer dependents. 9. MUTUAL RELEASE: Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any party thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or ~ 5 lIT (Initials) widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 10. PRESERVATIONOFRECORD Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other part of all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or (~ 6 fiT (Initials) her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of a default of any provision of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contact, under theories or equity, as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYL VANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Excepts as may otherwise be provided, this Agreement shall be binding and shall mure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. ~ 7 !it;- (Initials) 17. NO WAIVER OR DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligation herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested to 1109 Quincy Circle, New Cumberland, Pennsylvania, 17070, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested to 71 Woodlawn Avenue, Mountain Top, Pennsylvania, 18707, or such other address as Husband from time to time may designate in writing. ~ 8 liT (Initials) 20. HEADINGS NOT PART OF AGREEMENT Any hearings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION III PROPERTY DISTRIBUTION 1. PENSIONS. RETIREMENT AND 401(k) PLANS Husband and Wife hereby acknowledge that Wife has not acquired any pension, retirement, 401(k) or IRA through the duration of the marriage. Husband and Wife hereby acknowledge that Husband has accumulated certain employment related benefits through HPG International as a result of his employment with the same. Specifically, Husband and Wife hereby acknowledge that Husband has a 401(k) plan as a result of his employment with HPG International, said 401(k) plan is currently administered through Vanguard, which had a balance as of September 30, 2006 in the amount of $11,791.70, with outstanding loans in the amount of $2,883.28. Husband and Wife hereby agree that Husband will transfer $8,902.42 to Wife's 401(k) immediately upon execution of this Agreement. Wife hereby waives all of her rights, title and interest in the remaining balance of said 401(k). Husband and Wife further acknowledge that Husband, having been employed by HPG International since March of 1990 is entitled to receive a union retirement pension, which has not been appraised by an actuary. Notwithstanding that the value of said pension has not been determined, Wife hereby waives all of her right, title and interest in Husband's union pension. Husband and Wife further acknowledge that Wife, having been employed with Holy Spirit Hospital since August 15, 2005, has accumulated a 401(k) plan which is (~ 9 IIV (Initials) agreed to be the separate and sole property of Wife. Husband hereby waives any right, title and interest he may have in said 401(k) savings plan. 2. PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties have previously separated all personal property, vehicles, etc. not otherwise mentioned by this Agreement to their satisfaction. The parties do hereby specifically waive, release, renounce and forever, abandon any claims, which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 3. CASH ASSETS AND OTHER ASSETS The parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. 4. DEBTS AND OBLIGATIONS Husband and Wife acknowledge that they owe an outstanding balance in the amount of $4,417.92 to Midland, account number ending in 4558. The parties agree that Wife shall be solely responsible for this debt. Wife shall pay said debt in full no later than one year from the date of the divorce decree. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar account exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. Husband represents and warrants to Wife that since November 2004, 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 ~ 10 pr (Initials) claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since November 2004, 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 such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 5. PAYMENT OF LEGAL FEES The parties agree that Husband and Wife shall equally share the costs for filing fees and court costs associated with filing the divorce action. The parties acknowledge that Wife paid $250.50 to file the divorce action. Husband shall pay to Wife $125.25, representing his half of the filing fees. Each party hereby agrees to be responsible for attorney's fees incurred on their behalf. 6. AFTER-ACOUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal, mixed, tangible or intangible, which are acquired by him or her after the parties' date of separation, that being November 8, 2004, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. ALIMONY Husband hereby agrees that he shall pay alimony to Wife in the amount of Two Hundred Thirty Six Dollars and Twenty Cents ($236.20) per month to be paid bi-weekly in the amount of One Hundred Eighteen Dollars and Ten Cents ($118.10) commencing on the date of execution of this Agreement until August 31, 2007. Husband hereby agrees that he shall continue to pay alimony to Wife in the amount of One Hundred Seventy Eight Dollars and Eighty Cents ($178.80) per month to be paid bi-weekly in the amount of Eighty Nine Dollars and Forty Cents ($89.40) from September 1, 2007 ~ 11 fit; (Initials) through August 31, 2009. Husband hereby agrees that he shall continue to pay alimony to Wife in the amount of One Hundred Fifty Dollars ($150.00) per month to be paid bi- weekly in the amount of Seventy Five Dollars ($75.00) from September 1, 2009 through August 31, 2011. Husband hereby agrees that he shall continue to pay alimony to Wife in the amount of One Hundred Twenty Five Dollars ($125.00) per month to be paid bi- weekly in the amount of Sixty Two Dollars and Fifty Cents ($62.50) from September 1, 2011 through August 31, 2013. Husband shall remit said payments directly to Wife through direct deposit into Wife's checking account bi-weekly on his pay date. Wife hereby acknowledges that said alimony may terminate sooner than August 31, 2013 as a result of her co-habitation with a member of the opposite sex, remarriage or death. The parties hereto acknowledge that said alimony payments shall be deductible by Husband on his income tax returns and shall be included as income to Wife on her income tax returns. SECTION IV CUSTODY Husband and Wife are the natural parents of three children, namely Tanya M. Jolley, born September 18, 1982, Nicole E. Jolley, born October 17, 1988, and Heather E. Jolley, born November 11, 1990. Husband and Wife acknowledge that their daughter Tanya M. Jolley is age twenty four (24) and that Nicole E. Jolley is age eighteen (18) years and is currently a senior in high school and will be graduating in June of 2007. Husband and Wife hereby acknowledge that the terms of this custody provision apply primarily to their daughter, Heather E. Jolley, and that Tanya and Nicole are of such an age that they may determine for themselves the times they will spend with Mother and Father. The parties hereto acknowledge that the following paragraphs apply primarily for their daughter, Heather: (a.) LEGAL CUSTODY Husband and Wife hereby agree that they shall share legal custody of their minor daughter, Heather E. Jolley. The parties agree that major decisions ~ 12 fIT (Initials) concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. ~ 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent as authorized by statute. Mutual agreement should be made in advance regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing the child's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage or enlisting in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. (b.) PHYSICAL CUSTODY Husband and Wife agree that Wife shall maintain primary physical custody of their daughter, Heather E. Jolley. Husband shall enjoy liberal periods of partial custody at times agreed to by the parties. S- 13 j?tJ (Initials) SECTION V CHILD SUPPORT Husband and Wife agree that Husband shall pay Seven Hundred Sixty Three Dollars and Eighty Cents ($763.80) per month to be paid bi-weekly in the amount of Three Hundred Eighty One Dollars and Ninety Cents ($381.90) from the date of execution of this Agreement through August 31, 2007 for the support of Nicole and Heather. Father agrees to continue child support in the amount of Five Hundred Seventy One Dollars and Twenty Cents ($571.20) per month to be paid bi-weekly in the amount of Two Hundred Eighty Five Dollars and Sixty Cents ($285.60) from September 1, 2007 through August 31, 2009 for the support of Nicole and Heather. Father agrees to continue child support in the amount of Three Hundred Fifty Dollars ($350.00) per month to be paid bi-weekly in the amount of One Hundred Seventy Five Dollars ($175.00) from September 1, 2009 through August 31, 2011 for the support of Nicole and Heather. Father agrees to continue child support in the amount of One Hundred Twenty Five Dollars ($125.00) per month to be paid bi-weekly in the amount of Sixty Two Dollars and Fifty Cents ($62.50) from September 1, 2011 through August 31, 2013 for the support of Nicole and Heather. Husband shall remit said payments directly to Wife through direct deposit into Wife's checking account bi-weekly on his pay date. In the event that Husband is more than two (2) direct payments behind, Wife shall be entitled to file a Complaint for Support with the appropriate Domestic Relations Office to enforce the obligation as set forth under this agreement and to seek any arrears accrued from the date that Husband fails to pay his obligation as set forth in this Agreement. Husband shall provide medical, dental and vision insurance for Nicole E. Jolley and Heather E. Jolley until they are no longer eligible under Husband's employer, that by HPG International, pursuant to the plan administration rules and regulations. In the event that Husband's insurance changes, he shall continue to provide medical, dental and vision coverage for Nicole E. Jolley and Heather E. Jolley until each child graduates from a four year college program. Wife shall be responsible for the first $250.00 in unreimbursed 2i 14 t4r (Initials) medical expenses per child annually with the remaining unreimbursed medical expenses paid fifty percent by Husband and fifty percent by Wife. SECTION VI CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all ofthe statements, terms conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. ~PuL grr 15 lIT (Initials) , , COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the , '1 ~ day of November 2006, before me, a Notary Public, the undersigned officer, personally appeared SUSAN A. JOLLEY, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: \0 lLJ ao \ 0 ~~ Notary Public . NOTARIAL SEAl. ROSEMARY A HUNT Notary PublIc HARRIS8URG Cnv. DAUfIHW COUNIY Mv CommIIIIon ExplNI Oct 6, 2010 COMMONWEALTH OF PENNSYL VANIA COUNTY OF DAUPHIN On this, the /L/~ day of November 2006, before me, a Notary Public, the undersigned officer, personally appeared ROBERT L. JOLLEY, JR., known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: 9/;;)0 , /)~/!,.' Notary Public :nt OF ~VANIA NDT~ SEAL D.\VID P. TOMASZEWsKI, Notary PubUe Wlltes.earre, Luzeme COW1ty ~ tannIssIon Exphs Septenw 11, 2010 li,l'i', ~. '-,.. . JA:'H' 1;" t"! n"Ui-! ~ ,""..t,' k'<;I ');'01 q "''''UO:) ~!H"IiJA!) .,' .;.\1iit".i~'ilA\-l oro': ,0 lX" t9nqd q,,'UW'(l\"..) ,:M ~ -, r--._~ ':;1 c-) 'Tl --I -r rf'l (~.;:) '-', ...;...:: :',,) ---r""\l C',,) f',,) :, I >~1 -< RECEIVED NOV ] 871l1lh (' ......... The Law Offices of Robert S, Mirin Debra R. Mehaffle, ES'luire Attorney I,D. 90951 2515 North Front Street Harrisburg, P A 17110 (717) 909-9900 (717) 561-1616 fax Attorney for susan A. Jolley . IN THE COURT OF COMMON PLEAS ~ CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. JOLLEY, Plaintiff, : NO. 06-5602 VS. : IN DIVORCE ROBERT L. JOLLEY, JR. Defendant. pRAECIPE TO T~SMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court fur entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~3301(d)(1) of the Divorce Code: 2. Date and manner of service of Complaint: Filed September 26,2006. Served October 16, 2006 by first class maiL Defendant's Attorney accepted service. 3. Date of execution 0 f the affidavit required b Y ~ 330 I (d) of the Divorce Code: November 8, 2006; Date of filing and service of the Plaintiffs affidavit upon the respondent: Filed November 9, 2006 and served November 13,2006. 4. Related pending claims: none. I ... 5. Date plaintiffs Waiver of Notice was filed with the Prothonotary: December 14, 2006. Date Defendant's Waiver of Notice was filed with the Prothonotary: Decemher 14, 2006. Date:~ t,..; c;,;:> <::;> CJ r-" (-) !'.) ~~ ~,1l'" ~g~ ~~ ~ \..0 o N