Loading...
HomeMy WebLinkAbout06-6295 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA CIVILACflON - lAW DENISE E. PALMER, Plaintiff . . : N 0.06- {;; J- q S- Civil Term v. : IN DIVORCE WILLIAM A. PALMER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, One Courthouse Square, Carlisle, Pennsylvania. IF YOU 00 NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, lAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY WSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR lAWYER AT ONCE. IF YOU 00 NOT HAVE A lAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BEWW TO FIND our WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AVISO PARA DEFENDER Y RBCLAMAR DERBCHOS USTED HA SIDO DBMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulacion puede ser emitido en su contra por la Corte. Una decision tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RBCLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRBTO FINAL DE DIVORCIO 0 ANULAMIENTE SEA EMITIDO, USTED PUEDE PERDER EL DERBCHO A RECLAMAR CUALQUIERA DE ELWS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LIAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACf OF lQQO 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA CIVILACfION - LAW DENISE E. PALMER, Plaintiff :No.o6- v.J9J Civil Term v. . . : IN DIVORCE WILLIAMA. PALMER, Defendant COUNT I COMPLAINT UNDER SECrION 3~Ol(C) and ~~otld) OF THE DIVORCE CODE AND NOW comes DENISE E. PALMER, by and through her attorney, Maryann Murphy, Esquire, who respectfully avers as follows: 1. Plaintiff is DENISE E. PALMER, who resides at 1089 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is WILLIAM A. PALMER who resides at 79 Winchester Garden, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 12, 1979 in Cumberland County, Pennsylvania. 5. The parties separated on June 30, 2006. 6. There have been no prior actions for divorce or for annulment between the parties. 7. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 10. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and the Defendant. Respectfully submitted, lfu n . (~ItA. ~&quire '0 PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 LD. # 61900 Attorney for Plaintiff r AFFIDAVIT I, DENISE E. PALMER, verify that the statements made in the foregoing 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. fiJa~r te ~(~ ENISE E. PALMER ~~.;\J -.... , ~ ~~ ....... " ~ i)' ~ ~ \D (") ("- L'-''-' ~ = = a-. ~ ::::j~ ril-~ r-- l:~ -.-- ., (-: C) c, --: f',) -.J -D ~-~, .~:,T.. _, ~_~J -~ ,~~s f~f'; :::::1 55 -< r::> -r- Q;) IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVlLACfION - LAW DENISE E. PALMER, Plaintiff . . . . : No. 06-6295 Civil Term v. . . : IN DIVORCE WILLIAM A. PALMER, Defendant . . ACCEPfANCE OF SERVICE I, William A Palmer, Defendant in the above-captioned case, do hereby depose and say that I personally received and accepted service of a troe and correct copy of the Complaint in Divorce on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa.e.S. Section 4904, relating to unsworn falsification to authorities. (bt 01, ~ , Date 4J/;u o/tI~ William A Palmer f'-) = = CT"' ..,-,--_.. c; ....:;: I . --.. f'\....) ()'1 c:::: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACflON - LAW DENISE E. PALMER, Plaintiff . . . . : No.o6- 6295 Civil Term v. . . : IN DIVORCE WILLIAM A. PALMER, Defendant . . AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on October 29, 2006, I mailed the Complaint in Divorce to Defendant, William A. Palmer, at the following address: William A. Palmer 79 Winchester Garden Carlisle, PA 17013 3. That Defendant accepted service of the Complaint in Divorce and signed an Acceptance of Service dated October 31, 2006. The Acceptance of Service is attached hereto. 1//6/(j~ nafe ' Maryan Murphy, Esq 're PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 J.D. # 61900 Attorney for Plaintiff r-..:> C~ C:;:J c:;-. :;z: c> o "\1 -'t~. r......) U1 C:..> MARITAL SETfLEMENT AGREEMENT THIS AGREEMENT, made this 2u~y of OO"V/)b/Z- ,2006 by and between DENISE E. PALMER of Cumberland County, Pennsylvania (hereinafter referred to as WIFE), and WIUJAM A. PALMER of Cumberland County, Pennsylvania (hereinafter referred to as HUSBAND), WHEREAS, HUSBAND and WIFE were lawfully married on May 12,1979 in Cumberland County, Pennsylvania; and WHEREAS, HUSBAND and WIFE separated on June 30, 2006; and WHEREAS, two children were born of this marriage, namely: Megan R.. PALMER, born Febroary 9,1984; and BRITfANYN. PALMER., born May 27,1988; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE 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 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 past, present and future support and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates. NOW, TIlEREFORE, 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, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and 1 agree as follows: 1. Se,paration: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time 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. 2. lnterfererree: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other 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 of the other, while living separate and apart. 3. Subsequent Divorce: The parties acknowledge that WIFE will file a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(C) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties and alimony are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 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 2 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, whether or not either or both of the parties shall remarry. It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, judgment or decree. It is 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. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the day 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 this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Distribution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. Mutual Release: HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accroing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's 3 will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions 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 right 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 further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. Advice of Counsel: The provisions of this Agreement and their legal effect have been fully explained to WIFE by MARYANN MURPHY, ESQUIRE, counsel for WIFE. HUSBAND has knowingly, freely and voluntarily waived his right to counsel. HUSBAND understands that he has the right to have this Agreement reviewed by an attorney of his choice prior to its execution. 4 HUSBAND and WIFE acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any dure;s or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 8. Warranty as to Existing Obligations: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and 3W'1inst any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement. 9. Existing Debts: HUSBAND and WIFE agree that the following are marital debts: 1. Mortgage on the martial residence located at 1089 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania in joint names with an approximate balance of $70,000.00; 2. Mortgage on business, Palmer's Automotive located at 699 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania in HUSBAND's individual name with an approximate balance of $150,000.00; 3. Chase Credit Card in WIFE's individual name with an approximate balance of $6,000.00; 4. Kohl's Credit Card in WIFE's individual name with an approximate balance of $500.00; 5. Members 1st Credit Card in WIFE's individual name with an approximate balance of $1,500.00; 5 6. School loan for college for daughter, Megan, in WIFE's name, with an approximate balance of $17,000.00 7. Obligation to HUSBAND's father for $75,000.00 if HUSBAND fails to operate Palmer's Automotive for ten (10) years; 8. Husband's various credit cards in his individual name, which include his business expenses, with an approximate balance of $27,000.00. WIFE agrees to be solely and exclusively responsible for the balance of the mortgage on the marital residence, the Chase Credit Card, the Kohl's Credit Card and the Members 1st Credit Card. WIFE further agrees to indemnify HUSBAND and hold him harmless from any and all liability for same. HUSBAND agrees to be solely an exclusively responsible for the balance of the mortgage on Palmer's Automotive, the obligation to his father, and any and all credit cards or loans, personal or business, in his individual name. HUSBAND further agrees to indemnify WIFE and hold her harmless from any and all liability for same. 10. Warranty as to Fut:ure Obligations: HUSBAND and WIFE each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. Marital Residence: The parties own, as tenants by the entireties, the martial residence located at 1089 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. There is a mortgage on the property, in joint names, with an 6 approximate balance of $70,000.00. HUSBAND and WIFE waive their rights to have the marital residence appraised. The parties agree that WIFE shall have sole and exclusive ownership and possession of the marital residence. WIFE agrees to be solely and exclusively responsible for the balance of the mortgage, taxes, insurance and any and all other expenses associated with the residence. WIFE further agrees to indemnify HUSBAND and hold him harmless from any and all liability for same. The parties agree that the mortgage will remain in joint names until WIFE is able to refinance in her individual name at a reasonable interest rate or otherwise remove HUSBAND's name from liability on the mortgage. In the event WIFE fails to make a mortgage payment within forty-five (45) days of the due date, WIFE agrees to immediately place the house on the market for sale. If HUSBAND makes any mortgage payments on the house due to WIFE's failure to do so, the parties agree that HUSBAND shall be reimbursed for all such payments from the proceeds of the house at the time of settlement. HUSBAND agrees to execute a Deed, provided by WIFE, transferring the marital residence to WIFE's individual name at the time of the execution of this Agreement. 12. Business: HUSBAND and WIFE jointly own Palmer's Automotive located at 699 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. There is a mortgage on the business in HUSBAND's individual name with an approximate balance of $150,000.00. In addition, HUSBAND must pay his father $75,000.00 if he fails to operate the business for ten (10) years. HUSBAND and WIFE waive their rights to have the business, parts and equipment appraised. The parties agree that HUSBAND shall have sole and exclusive ownership and possession of Palmer's Automotive, including parts and equipment. HUSBAND agrees to 7 be solely and exclusively responsible for the balance of the mortgage, the taxes, the insurance, the obligation to his father, the debts owed on the parts and/or equipment and any and all other expenses associated with the business. HUSBAND further agrees to indemnify WIFE and hold her harmless from any and all liability for same. WIFE agrees to execute a Deed, provided by HUSBAND, transferring Palmer's Automotive to HUSBAND's individual name at the time of the execution of this Agreement. 13. Personal Property: HUSBAND and WIFE agree that they have divided all their personal property between themselves to their mutual satisfaction. The parties agree that WIFE shall become the sole and exclusive owner of all of the personal property currently in her possession, including but not limited to, any and all bank accounts, certificates of deposit, savings accounts, checking accounts, stocks, bonds, etc. in her individual name. HUSBAND hereby waives all rights to these assets. The parties agree that HUSBAND shall become the sole and exclusive owner of all of the personal property currently in his possession, including but not limited to, his guns and gun safe and any and all bank accounts, certificates of deposit, savings accounts, checking accounts, stocks, bonds, etc. in his name. WIFE hereby waives all rights to these assets. The parties agree that the above division of property is acceptable to them. Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 14. Motor Vehicles: The parties agree that WIFE shall have sole and exclusive possession and ownership of the 2003 Pontiac Grand Prix, VIN number 8 1G2WP52K93Fl23108, currently titled in joint names. There is an outstanding loan with Citizen's Bank on this vehicle which is in joint names. HUSBAND agrees to pay the balance of the car loan for the 2003 Pontiac Grand Prix which should be paid in full in December of 2007. When the balance of the car is paid, HUSBAND agrees to transfer title of this vehicle to WIFE's individual name. HUSBAND agrees to indemnify WIFE and hold her harmless from any and all liability for this car loan. The parties agree that HUSBAND shall have sole and exclusive possession and ownership of the 2006 Chevrolet Trail Blazer and the 2005 Chevrolet Dual Wheel Tmck, both titled to Palmer's Automotive. In addition, HUSBAND shall have sole and exclusive possession and ownership of the two (2) four-wheelers and the trailer, and the fifth-wheel trailer in HUSBAND's individual name. The parties acknowledge that there are outstanding loans on the 2006 Chevrolet Trail Blazer and the 2005 Chevrolet Dual Wheel Tmck in the name of Palmer's Automotive. The parties further acknowledge that there are outstanding loans on the two (2) four-wheelers, and the fifth-wheel trailer, in HUSBAND's individual name. HUSBAND agrees to be solely an exclusively responsible for the balance of these loans, in his name and in the name of Palmer's Automotive, and he shall indemnify WIFE and hold her harmless from any and all liability for same. 15. Cemetery Plots: HUSBAND and WIFE own two (2) cemetery plots at Westminster Cemetery in Carlisle, Cumberland County, Pennsylvania. The parties agree that WIFE shall become the sole and exclusive owner of one (1) of these cemetery plots, and the Trust for the parties' daughter, Brittany, shall become the sole and exclusive owner of one (1) of these cemetery plots. HUSBAND agrees to sign, upon request, any and all documents necessary to effectuate the tenns of this agreement. 16. PensiorVRetirement Beru:fits: The parties agree that WIFE shall become the sole and exclusive owner of her pension/retirement benefits, including but not 9 limited to, her Government pension, Thrift Savings Plan (TSP) and annual leave balance. HUSBAND hereby waives his rights to these benefits and waives his right to have these benefits valued. HUSBAND agrees to sign, upon request, any and all documents necessary to effectuate the terms of this agreement. The parties agree that HUSBAND shall become the sole and exclusive owner of his pension/retirement benefits. WIFE hereby waives her rights to these benefits and waives her right to have these benefits valued. WIFE agrees to sign, upon request, any and all documents necessary to effectuate the terms of this agreement. 17. Life Insurance: Both parties agree that they shall each maintain a life insurance policy in the amount of fifty thousand dollars ($50,000.00). HUSBAND and WIFE each agree to name their daughter, Megan, as beneficiary of one-half (1/2) of the life insurance policies, and to name the Trust for their daughter, Brittany, as beneficiary of one-half (1/2) of the life insurance policies. However, in the event either party should remarry, HUSBAND and WIFE agree that the party who remarries may change the beneficiary designation so that Megan shall be named as beneficiary of one-quarter (1/4) of the life insurance policy, and the Trust for Brittany shall be named as beneficiary of one- quarter (1/4) of the life insurance policy. 18. 4fter Acquired Personal Properffl: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, 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. 19. AgpHcabi(ity ofTca Law to PrQJIertg 1'ra.Juffers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement 10 shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-Qver basis provisions of said Act. 20. Waiver of Alim.ony: The parties herein acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support. HUSBAND and WIFE hereby waive, release and give up any rights they may respectively have against the other for alimony, spousal support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 21. Waiver of SjJousal Suworf. Alimony Pendente Lite and Legal Fees: Each party hereby waives any rights to spousal support, maintenance and alimony pendente lite. Each party agrees to be solely responsible for herfhis respective attorney's fees. 22. .Banlcn.tptcy or Reorganization Proceedings: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed 11 hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 23. FuR Disclosure: HUSBAND and WIFE each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of every type whatsoever in which such party has an interest, and of all other facts relating to the subject matter of this Agreement. 24. Disclosure and Waiver of Procedural Rights: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code; c. The right to have the Court determine which property is marital and 12 which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 25. Waiver of 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 of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 26. Mutual Cooperation: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 27. Applicable Law: This Agreement shall be constmed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 28. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. 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. 30. Other Documentation: HUSBAND and WIFE covenant and agree that 13 they will forthwith execute any and all written instnunents, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 31. No Waiver on DfdUult: This Agreement shall remain in full force and effect unless and until tenninated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict perfonnance 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 default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict perfonnance of any other obligations herein. 32. Severability: If any tenn, condition, clause or provision of this Agreement shall be detennined or declared to be void or invalid in law or otherwise, then only that tenn, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 33. 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 or seek such other remedies or relief as may be available to him or her. The party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 34. Headings Not Part of Agreement: Any heading 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 14 meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written. LD/ziIOj, Date ~~ Witness QfW?~c2~ ENIsE E. PALMER rp/!!?k Date )O~~ Witness p#~ WILLIAM A. PALMER 15 COMMONWEALTH OF PENNSYLVANIA COUN1Y OF t!Li #1 I$t:/2L-4-AI 0 :ss: On this the &D ~ day of /2eh~ , 2006, before me the undersigned, personally appeared WILLIAM A. PALMER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. ~cY-~ Notary Public NOTARIAL SEAL DEBORAH L. RYAN, Notary Public Mechanicsburg Bore., County of Cumberland My Commission Expires June 11, 2010 COMMONWEALTH OF PENNSYLVANIA :ss: COUN1Y OF e.LL/It6~rJD On this the 2.2J ~. day of [) Cf2.)e t:f( , 2006, before the undersigned officer, personally appeared DENISE E. PALMER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~d~ Notary Public .~ NOTARIAL SEAL DEBORAH L. RYAN, Notary Public Mechanicsburg Bore., County of Cumberland My Commission Expires June 11, 2010 16 -1 -- f',.) "..":"") {,:,:.:;,:;;) -..J -.., I' j co o 11 :::::! f'fi :!J 1--- :"n :~J C.l I -.! :J ......,.... '. . ~ . --~ "~c) ~;l1 G) en {..n :D .< IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA CIVILACflON - LAW DENISE E. PALMER, Plaintiff : No. 06- 6295 Civil Term v. . . : IN DIVORCE WILLIAM A. PALMER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on October 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand t4at false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. OI-/-() 7 Date ~~t!~ D r---.:l 0 = C = -on '. -.J .." :;::J r;" ---\1 . , n1F: 0:' rr; I y -.J C) , . -0 ~~~~ :s.: ( w ~ .&:.-~ ""r.-.... =< (..n :n (...;J -< IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA CIVILACflON - LAW DENISE E. PALMER, Plaintiff : No. 06- 6295 Civil Term v. . . : IN DIVORCE WILLIAM A. PALMER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on October 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. He Il, ~trJ Date /JVu/~ ~~ . WILLIAM A. PALMER D C. ~~ r: r",-.'" 2: =< r---.:l c::;;, = -.l -r'l ro c:; I -.J o -n '-;4 Hi :JJ 1--- ::q!.:.r.:) .J .........} ,-, I '~~S:.1 , " ') :c} ,',-_.- ,....~..... ~lh-'i J> :T.J .< ~ -.l:~: w <.n <.--.) IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA CIVILACflON-LAW DENISE E. PALMER, Plaintiff : No. 06- 6295 Civil Term v. . . : IN DIVORCE WILLIAMA. PALMER, Defendant . . WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECfION ~~odc) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ol- /-{}7 Date 4x4LfP~ DENISE E. PALMER r-....:> = C~ --.l -r, r\f o:l , ....., o -q ::;:J Filpg -0 iT] ~~~~: , , (cd?; r"')r"n --, )> ::-.0 -< -v --:..,,,. W (.11 c.v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACfION - LAW DENISE E. PALMER, Plaintiff . . : No. 06- 6295 Civil Term v. : IN DIVORCE WILLIAM A. PALMER, Defendant . . WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECflON ~-301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. H b ~, )-(/lf7 Date /V~ ~~ WILLIAM A. PALMER r---.:l c::::> t,~ -.J .." r:1 co I -.J o -11 ~ fi'i ." r- -" rr: :,:(} C) ..~~ C')rTl ::=1 ~;J -< ::;;: c.,.) -. (J1 (.,.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACDON - LAW DENISE E. PALMER, Plaintiff . . . . : No.o6- 6295 Civil Term v. . . : IN DIVORCE WILLIAM A. PALMER, Defendant . . PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section ~~OI(C) of the Divorce Code. 2. Date and Manner of service of the Complaint: Sent to the Defendant on October 2Q. 2006 by U.S. first class mail. postage pre-paid. Acce,ptance of Service signed by Defendant on October ~1. 2006 and filed on November 7. 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301( c) of the Divorce Code: by Plaintiff, February 1. 2007: by Defendant, Febnuny 2. 2007. (b )(1) Date of execution of the Plaintiffs Affidavit required by Section 3301( d) of the Divorce Code: N / A. (2) Date of filing and service of the Plaintiffs Affidavit upon Defendant: N / A. 4. Related claims pending: All claims have been resolved by the Marital Settlement Agreement dated October 20. 2006. 5. Complete either paragraph (a) or (b). (a) Date of execution of Plaintiffs and Defendant's Waivers of Notice under Section 3301(d) of the Divorce Code: N/A (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Febrwuy 7. 2007. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Febrwuy 7. 2007. Maryann PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 LD. #61900 Attorney for Plaintiff s "'., '= = -.J .." Pl ca o -n :-:::J Fh;g I !2) ~r , , I -.J ::rJ C) rn u C.,;) Ui 0"1 ~~ ~~~~~~~~..~.~~. .~~~~~~~~.~~~~~~~~..~.~~~..~~~"'~"'~~.~~+~~"'~~~~ ~ ~ ~ + ~ ~ ~ + . '" '" ~ '" '" '" ~ + + '" '" '" '" + + + '" + + + + + + '" + + '" '" + '" + '" :+;"f.:+' ~ ~ '+0 . '+0 . '" '+0 + + + '+0 + '+0 + + '+0 '+0 + + + + + + + '+0 + '" + '+0 + + '" '" + + '+0 '" + + + ~ + + + + + + + + ~~~++++ IN THE COURT OF COMMON PI EAS OFCUMBERLANDCOUNTY PENNA. STATE OF DENISE E. PALMER, No. 06-6295 Ci 'I Torm Plaintiff VERSUS WTT.T.T AM A PAT.MRR, Dp.fp.nni'lnt DECREE IN DIVORCE F' ~ ~ C' ,H\...f" '-' \ \~ AND NOW, 2007 , IT IS ORDERED AND DECREED THAT DENISE E. PALMER TIFF, AND WILLIAM A. PALMER , DEF 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 OR)) R HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement, dated October. 20, is hereby incorporated, but not merged, into the Divorc D By THE COURT: ~ +~++~~~+ +~~~+~ ~+~++~+~+++++++++++++T.++~~ J. .h J1 ~ ~ (.0- a-l:' ~ r :t- ~ ~~.~ Lr/.('/-CO . . ..... .... ~ 4.. . ..