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HomeMy WebLinkAbout02-2609LORRAINE P. CANFIELD, Plaintiff GARY M. CANFIELD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O .. : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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, PA 17013 (717) 249-3166 Christopher J. Keller, Esquire Attorney for Plaintiff LORRAINE P. CANFIELD, Plaintiff GARY M. CANFIELD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. (~. ~ g,/~Oc~ : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Lorraine P. Canfield, who currently resides at 261 Blacksmith Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Gary M. Canfield who presently resides at 261 Blacksmith Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 6, 1974, in Lackawanna County, Pennsylvania. parties. There have been no prior actions for divorce or annulment between the 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. eighteen. Plaintiff avers that there are two children of the parties over the age of 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling.. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 330'1(c) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11. The marriage of the parties is irretrievably broken. COUNT II EQUITABLE DISTRIBUTION OF PROPERTY 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The parties have acquired certain property and assets which constitute marital property. 14. In the event the parties are unable to resolve distribution of marital property by way of an agreement, then this Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Plaintiff and Defendant; b) equitably distributing all marital property pursuant to section 3502 of the Divorce Code. Respectfully Submitted, Law Offices of James A. Miller BY: Christopher J. Keller, Esquire Attorney for Plaintiff Supreme Court ID# 86889 2010 Market Street Camp Hill, Pennsylvania 17011 (717) 737-6400 VERIFICATION I verify that the statements made in the attached 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: ~/~ ¥ff~ ~ · COMMONWEAL'f H OF PENNSYLVANIA ID£PARTMENT OF HEALTH VITAL RECORDS RECORD OF DIVORCE OR ANNULMENT ~ (CHECK ONE) {~ 1. NAME HUSBAND ( ,irsd [MMdle) (La r~ 2. D~:E [Month/ WIFE Husband's social security number: Wife's social security number: LORRAINE P. CANFIELD, Plaintiff Ve GARY M. CANFIELD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2609 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, Gary M. Canfield, Defendant in the above captioned matter do hereby on the date indicated below accept service of the divorce complaint filed by Plaintiff, Lorraine P. Canfield to the above term and docket. Date: Gary M. Canfield LORRAINE P. CANFIELD, Plaintiff GARY M. CANFIELD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~-- Z60~ : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29, 2002 and defendant accepted service of said complaint on June 7, 2002, to which an executed Acceptance of Service was filed with the Prothonotary on June 12, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in 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 divorce 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.A. Section 4904, relating to unsworn falsification to authorities. Date: Lorraine P. Canfield LORRAINE P. CANFIELD, Plaintiff V= GARY M. CANFIELD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. OZ-- Z~Oc~ : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities. Date: /~)/~/P~ LORRAINE P. CANFIELD, Plaintiff GARY M. CANFIELD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. O?-.- 2. OCt .. : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29, 2002 and defendant accepted service of said complaint on June 7, 2002, to which an executed Acceptance of Service was filed with the Prothonotary on June 12, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in 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 divorce 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.A. Section 4904, relating to unsworn falsification to authorities. Da te: / ~/~/~ ?'- ////~/~?/~'~/. ~ Ga~/I~. Canfield LORRAINE P. CANFIELD, Plaintiff GARY M. CANFIELD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O7--- Z OC/ CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities. .._ Date: /~'/F,~ 2... ~'a~ry I~1. Canfield // LORRAINE P. CANFIELD, Plaintiff GARY M. CANFIELD, Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-2609 CIVIL TERM · CIVIL ACTION - LAW · IN DIVORCE PRAEClPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: Defendant accepted personal service of a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE on June 7, 2002, the executed Acceptance of Service was filed with the Prothonotary on June 12, 2002. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: October 4, 2002 by Defendant: October 4, 2002 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: October 7, 2002 by Defendant: October 7, 2002 Related claims pending: There are no related claims pending. Respectfully Submitted, Law Office of James A. Miller Christol~er J. Keller, Esquire Attorney for Plaintiff Supreme Court ID# 86889 2157 Market Street Camp Hill, PA 17011 (717) 737-6400 LORRAINE P. CANFIELD, Plaintiff GARY M. CANFIELD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2609 CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT Canfield MSA TABLE OF CONTENTS SECTION PAGE 9. 10. Il. 12. 13. 14. 15. B. 2. 3. A. 1. SEPARATION AND NON INTERFERENCE: .............................................................................................. 4 2. RECONCILIATION: ....................................................................... 5 3. ENFORCEMENT: ............................................................................................................................................. 5 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENsEs:...6 5. EQUITABLE DISTRIBUTION: ...................................................................................................................... 7 PREFACE.' ................................................................................................................................................ 7 DISTRIBUTION OF ASSETS: ........................................................................................................... 7 WIFE'S ASSETS: HUSBAND'S SSETS: ......................................................................................................................... 7 ASSET DIVISION: ............................................................................................................................. REAL ESTATE 261 BlackSmith Road, Camp Hill, Cumberland Countyi Pennsylvania 17011: ...................................................... · B. DISTRIBUTION AND WAIVER '~)'1~'~'1~'1'"1~'1~5'1~'1~'~':::::::[::::::i:::::[:::::::":: .................. 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS:...., ......................................... 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: ........................................................... 3) AUTOMOBILES: ................................................ ; ....................................... 4) HUSBAND'S RELOCATION: ............................... : ..... : ..................................................... C. INTENT .................... AFTER ACQUIRED PROPERTY: .............................................................................. ~ ..................... ........... lO DEBTS: ............................................................................................................................................................. 11 A. WIFE'S DEBTS: .................................................. H ' ' .................................................................................... I1 B. USBAND S DEBTS .............................. ! 1 CREDIT CARDS ......................................................................................................... 1 1 D. JOINT DEBTS: ........................................................................................................... ::..:::::::'":: ................. 12 E. NDEMN, ,CAT,ON: ............................................................................................................. :::::::::::::::::::::::: HEAETH INSURANCE: ................................................................................................................................ FULL DISCLOSURE: ..................................................................................................................................... 13 RELEASES: ................................................................................................................................................. 14 BREACH: ..................................................................................................................................................... 14 REPRESENTATION: VOLUNTARY EXECUTION: ENTIRE AGREEMENT: ............................................................................................................................ 15 PRIOR AGREEMENT: .............................................................................................................................. 16 page 2 Canfield MS.4 16. MODIFICATION AND WAIVER: ............................................................................................................ 16 17. GOVERNING LAW: ................................................................................................................................... 16 18. INDEPENDENT SEPARATE COVENANTS: .........................................................................................16 19. VOID CLAUSES: 20. DISTRIBUTION ......................... ~: ........................... i ...................................................................... 16 DATE: 21. DATE OF EXECUTION: page 3 Canfield MSA MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ~_~~, 2002, by and between Gary M. Canfield, hereinafter called "Husband", ~ind Lorraine P. Canfield, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on September 6, 1974, in Lackawanna County, Pennsylvania; WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle 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 ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony 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. NOW THEREFORE, in consideration, of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority and control 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 or attempt to endeavor page 4 Canfield MSA to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Wife shall file with the Cumberland County Court of Common Pleas, Pennsylvania, a no-fault divorce action pursuant to Title 23, section 3301(c) of the Pennsylvania Divorce Code and amendments thereto contemporaneously with the execution of this agreement, and Husband shall accept service of the same. It i~ Specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to the court at the time of filing the praecipe to transmit the record to conclude the divorce. The parties agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed with entering same to the court docket for the purpose of finalizing the divorce action as soon as is practicable within the time frame permitted pursuant to the Rules of Civil Procedure. Each party shall further execute any and all documents which may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. page 5 Canfield MSA 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 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 of this Agreement. 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 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 to be forever binding and conclusive upon the parties. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES: Husband and Wife hereby acknowledge that they have been advised Or have the right to obtain advice in.regard to the fact that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available 'in their divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto, except as specifically provided herein. HUSBAND'S SOCIAL SECURITY BENEFIT-~: Wife 'specifically remises, releases, quit claims and relinquishes forever any and all interest she may have in Husband's Social Security Disability benefits acquired by Husband after the execution of this Agreement. page 6 Canfield MSA The parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente.lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 5. EQUITABLE DISTRIBUTION: A. PREFACE: The parties have valued to the best of their ability their entire marital and non- marital estates. The parties have made use of either the information provided between themselves and/or statement values associated with such assets and/or have attributed fair market values and/or other agreed upon values to such assets and for purposes of negotiation and settlement, and hereby stipulate to such valuations. The parties desire to effectuate the division of all assets in undertaking these terms of settlement. B. DISTRIBUTION OF ASSETS: 1. WIFE'S ASSETS: Husband does hereby 'grant, convey, transfer, assign., and deliver and set-over unto Wife the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. HUSBAND'S ASSETS: Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Husband hereafter. page 7 Canfield 3. ASSET DIVISION: The parties hereby agree that the following assets shall be divided in accordance with the terms as provided herein. Husband and Wife agree to execute any and all documents required to effectuate the intent herein: A. REAL ESTATE: 261 Blacksmith Road, Camp Hill, Cumberland County, Pennsylvania 17011: The parties are joint owners of the real property known as 261 Blacksmith Road, Camp Hill, Cumberland County, Pennsylvania 17011 (referred to herein as the "premise"). Husband hereby conveys unto Wife all of Husband's right, title and interest in the premise. Husband shall execuie at the time he is released from the debt associated with the premise, upon request, a Deed reflecting his relinquishment, waiver and abandonment forever. Wife shall indemnify and hold Husband harmless for all past, present and future indebtedness on the premise including, but not limited to, any and all mortgage obligations1, real estate taxes, utilities and municipal assessments, and repairs, costs and maintenance. Wife shall be entitled to claim all interest, real estate taxes and anY other permissible expense paid for purposes of tax filings. Wife agrees that sh_e. shall make a good faith effort in having Husband released from the mortgage obligatiOns identified herein within ten (10) years from the date of execution hereof. Wife shall have exclusive possession of the premise as of the date of execution of this Agreement. B. DISTRIBUTION AND WAIVER OF PERSONAL PROPERTY: 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: Husband and Wife do hereby acknowledge that they have divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, corporate interests, partnership(s), joint ventures, inheritance(s), jewelry, clothing, retirement accounts, 401k's, pensions, Beneficial Finance, approximately $153,144.00 as of the date of execution hereof. page 8 Canfield MSA brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse unless otherwise so divided by way of this agreement shall remain that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. Husband's personal property shall be removed from the marital residence within ninety (90) days after the execution of this Agreement. 3) AUTOMOBILES: Husband and Wife agree that the vehicles in their respective physical possession shall remain the possession of the party and each shall cooperate if necessary in executing any and ail documents to reflect such ownership, including but not limited to titles, insurance documentation and registration forms. Specifically, Husband retains the 1995 Tracker and Wife retains the 1999 Blazer. Husband and Wife do hereby waive, release, and relinquish any and all claim to or interest in the motor vehicle in the possession of the other. If the title to any vehicle is encumbered by any debt or obligation, Husband and Wife agree that they shall each be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save the other harmless from any loss, cost, or exPense caused to either by their failure to make payment of such debt. 4) HUSBAND'S RELOCATION: In consideration of the mutual waivers and releases herein provided as well as the distribution of property, Husband hereby acknowledges and agrees that Wife will pay Husband the total sum of five thousand ($5,000.00) dollars to page 9 Canfield MSA facilitate Husband's relocation to Alaska after a final Decree in Divorce is granted by the Court. Said five thousand ($5,000.00) dollars shall be due and payable thirty (30) days after any appeal period of the date the Decree in Divorce is filed with the Cumberland County Prothonotary and shall be further subject to the terms provided for in paragraph 8, Health Insurance, hereinbelow. C. INTENT: This Agreement is intended to .distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the Owner thereof and each of the parties .will execute any and all legal documents without any charge therefore to evidence title to such property in the other party. ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing Statements relating to the sale of real estate, under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER 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 or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are page 10 Canfield MSA presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 7. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation 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 harmless Husband from' any and all claims or demands made against him by reason of debts or obligations incurred by her. B. Husband's Debts: Husband represents and. warrants to Wife that since the parties' separation 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 harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. C. Credit Cards Wife agrees to be solely responsible for payment of the Members First Visa obligation that is currently in her name alone. Husband and Wife acknowledge that the balance on said account is approximately seven thousand dollars ($7000.00). Wife agrees to indemnify and hold harmless Husband to every and all extent including but not limited to all past, present, and future fees, costs and/or expenses associated with the obligation. Wife agrees to be solely responsible for payment of the Capital One Visa obligation that is currently in her name alone. Husband and Wife acknowledge that the balance on said account is approximately two hundred dollars ($200.00). Wife agrees to indemnify and hold harmless Husband to every and all extent including but not limited to all past, present, and future fees, costs and/or expenses associated with the obligation. page 11 Canfield MSA Wife agrees to be solely responsible for payment of the Sears revolving charge obligation that is currently in her name alone. Husband and Wife acknowledge that the balance on said account is approximately two hundred dollars ($200.00). Wife agrees to indemnify and hold harmless Husband to every and all extent including but not limited to all past, present, and future fees, costs and/or expenses associated with the obligation. Husband agrees to be solely responsible for payment of the Capital One Visa obligation that is currently in his name alone. Husband agrees to indemnify and hold harmless Wife to every and all extent including but not limited to all past, present, and future fees, costs and/or expenses associated with this obligation. D. Joint Debts: The parties agree that Wife shall be solely liable for the following debts which are jointly titled: 1. Beneficial Mortgage Company of Pennsylvania - first mortgage on the premise. Husband and Wife will execute all necessary documents to transfer mortgage into Wife's name alone. E. Indemnification: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or page 12 Canfield MSA enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8. HEALTH INSURANCE: Wife shall maintain a health insurance policy covering Husband and Wife. During the pendency of the parties' divorce proceedings, Husband shall pay for any unreimbursed expenditures relating to health insurance coverage. Wife's obligation herein stated shall terminate upon the date a final Decree in Divorce is granted. Husband hereby acknowledges and agrees that he shall be solely liable for any and all outstanding unreimbursed medical expenses, fees, costs or otherwise for any treatment of any kind he may have received during the marriage, during separation and at anytime whatsoever. As a condition precedent to Wife's performance of payment of the funds for Alaska identified hereinabove in section 5 B (4), Husband shall have verified in writing by the appropriate health care providers that Wife is not liable for any unreimbursed medical expenses he may have incurred, 9. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court page 13 Canfield MSA or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 10. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or. privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 11. BREACH: 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. The party page 14 Canfield MSA breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. REPRESENTATION: It is recognized by the parties hereto that each party has the right to be represented by counsel by his or her own free and voluntary choosing. It is fully understood and agreed that he or she has the right to have advice of counsel prior to the signing of this Agreement. By the signing of this Agreement, Husband and Wife recognize that he and she fully understand the legal impact of this Agreement and waives his or her right to have the Agreement reviewed by an attorney of his or her choosing, and further intends to be legally bound by the terms of this Agreement. Each of the parties acknowledges that he or she has read and understands the nature and importance of this Agreement, that each considers the provisions of this Agreement to be fair, just and reasonable, that each enters into it freely and voluntarily, and that each does not desire to have or become possessed of any property of the other party or any interest therein which the other party now owns or hereafter may own, except as expressly provided for in this Agreement. 13. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 14. 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. page 15 Canfield MSA 15. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements executed between the parties, and/or may or have been executed prior to the date and time of this Agreement, are null and void and of no effect. 16. MODIFICATION AND WAIVER: Any modification or waiver of any provision 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. 17. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. 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. 19. 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. 20. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. page 16 Canfield MSA 2'1. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: Date Date Gary M. Canfield page 17 Canfield MSA Commonwealth of Pennsylvania NOTARY PUBLIC My Commission Expires: · SS. COUNTY OF On this, the '~ day of .... 2002, before me, a Notary Public, personally appeared Gary M. Canfield, known to me to be the person whose name is subscribed to the within 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. _Mellssa A, Biesecker, Notary Public Commonwealth of Pennsylvania · SS. COUNTY OF On this, the ~'A day.of ~~- ,2002, before me, a Notary Public, I~ersonally appeare~ Lorraine P. Canfield, known to me to be the person whose name is subscribed to the within 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. NOTARY PUBLIC My Commission Expires: NOtadal Senl Melis~a A Bfesecker page 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LORRAINE P- CANFIELD VERSUS GARY M. CANFIELD N o. 02-2609 CIVIL DECREE IN DIVORCE AND NOW~ ~ ~ ~l~~ IS ORDERED AND DECREED THAT LORRAINE P. CANFIELD , PLAINTIFF, AND GARY M. CANFIELD , DEFENDANT, Are DIVORCED FROM The BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE bEEN rAISED Of rECOrDAN this ACTION For WhiCh a FINAL ORDEr hAS NOT YET BEEN ENTERED; ~ --- It iS further ordered that the terms of the attached August~7, 2002~ Marital Settlement Agreement of the pa_rties are hereby incorporat, ed, but not merqed into this Final Decree ATTEST:~ PROTHONOTARY