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HomeMy WebLinkAbout02-2627 Bonnie J. Fruhwirth, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I')~ - .2L::2 7 ~ ~l i <=-r~ CIVIL ACTION - LAW IN DIVORCE David M. Fruhwirth, Defendant 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 Bonnie J. Fruhwirth, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (XJ_ :)(,..~ '1 eO~L '7-~ CIVIL ACTION - LAW IN DIVORCE David M. Fruhwirth, Defendant COMPLAINT IN DIVORCE 1, Plaintiff is Bonnie J. Fruhwirth, who currently resides at 4185 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2, Defendant is David M, Fruhwirth who presently resides at 4185 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 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 30, 2000, in Cumberland County, Pennsylvania. 5. 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. 8. 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 3301 (c) OF THE DIVORCE CODE 9, The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10, The marriage of the parties is irretrievably broken. COUNT II EQUITABLE DISTRIBUTION OF PROPERTY 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto, 12. The parties have acquired certain property and assets which constitute marital property. 13, The parties have resolved all economic matters by way of a comprehensive Marital Settlement Agreement dated May 24, 2002, and attach a true and correct copy of the same hereto. 14. This Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties. WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Plaintiff and Defendant; b) incorporating the parties' May 24, 2002, Marital Settlement Agreement into the final Decree in Divorce. Respectfully Submitted, Law Offices of James A. Miller BY: ~!~Uire Attorney for Plaintiff 2010 Market Street Camp Hill, PA 17011 (717) 737 6400 YERlFI CA TION 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: 5'/2'1 JCH- , I / ~j " O/U 111 luurfb , . Bonnie J. Fruhwirth, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. David M. Fruhwirth, Defendant CIVIL ACTION - LAW IN DIVORCE NUUUTALSETTLEMENTAGREEMENT 2002 , Fruhwirth MSA TABLE OF CONTENTS SECTION PAGE 1. SEPARATION AND NON INTERFERENCE: ..........................,...........,...................,................... 3 2. RECONCILIATION: '"'....,,,.. .,',..,"',..,"',.,",..",...""."...."..""."".."....,",..,",....",.."",.""........" 4 3. ENFORCEMENT: "",..""".."". ..,",.",..,..".."".. ."....,...."..",..",....",..",..""...."". .,',...."..""..",. 4 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES: ,.... .",.",... ."".".. ."",.. .,.,',.",'..".,.. ."...""..",.. .,',..,',..,',..,',.."",."".""......"..",.. .,',....,'.."".. 5 5. EQUITABLE DISTRIBUTION: '.."". .,.". ."....,..,. .,',.."..,"',.,',..,',.."",.",...""...."".""..""....,'..""., 6 A. PREFACE: . .,"',."....,""..,..".""..""".",.. .,",.."...,..,.",..",...",. .,',...."..,"',..""...."..."",.",..",.... 6 B. DISTRIBUTION OF ASSETS: ................................................................................................, 6 I, WWE'S ASSETS:. .,',."...",.."... .,",...,'".""..""..",..".. .,"....,....,.,. .,',.."",.."".. .,",..",.."",.",..", 6 2. HUSBAND'S ASSETS: .,'... .".,..",...".. .,'",.".,..",. .,',..,",..,',.,",.."".."".."",.."",.."... .",....,..",. 6 3. ASSET DIVISiON:",.."""..., .....,",.,',...."..,",..",........",.."....".."",..", ...",....""."" ...",....,'.."" 7 A. REAL ESTATE: .J185 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania: ',..,..,',."..."..,...".".,",..",...",.."".."...."..",.."".",..", ..."....,",.."",..""..""..",....",.. 7 B. DISTRIBUTION AND WAIVER OF PERSONAL............................................................ 7 I) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: .....................................,....................,..................... 7 C. INTENT: ,,'. ,.,"",.....,..,",.,.,",....,.,.."".",.........".""..",..,',..,',.........."".."",..",..""..",......, 8 6. AFTER ACQUIRED PROPERTY:",.."....",.."....,.,.",.."..""..",...."..",,..,",...,'",.."",.""......"".. 9 7. DEBTS: ',....."'..,,,.. ..,,'..... .,"',..,",.."..,.""...",.."". .,',....,..,',.."..,",..""..",.."....",.,..",....",..""..",.." 9 A. Wife's Debls:"",...,..,',..,.."....""....,...",.,.."....".."",.,..",..",.."".."....",.""..""....",..""...."..",.. 9 B. Husband's Debts:...",....."".....".."...."",.",...,.,..",..",.."...",..".."",..".."".."",."".."" ...""."". 10 C. Join! Debts: "",......,',.,',...,',..,',...,"',.,',..."....,",..,',..,.,.",....,..".,."".."...."".""....,.....",.""..".. 10 D. Indemnification: ....,",..,',........,.,",..,',...,",.."...,",..,',..".."",.",.."..""..""".."",..",.",...",....". 10 8. FULL DISCLOSURE: ".. .,",...,.....,",."",..",......,."".."..",. .,',..,',..,',..,',..""......."".",.."..."".".. II 9. RELEASES:.",.."....."..,.,.."...,.,...""...",..".....",..",.."...".."".."..",...."..""".."",....".."".",...,.. 12 10. BREACH: ,... ..,',.,',.....",...",... ."...""..",.. .,",.."...",.. ."..,",...,',.,',.."..",.,.""....."",....,.,.",..",..", 12 11. REPRESENTATION: ',..,"',..,',...,",..."...,",..,',..,',..,',..",.,.",..",...",..",..",..,.."",.."".."....",.." 12 12. VOLUNTARY EXECUTION: ",. .,',...."..,',.,."".."....",.",..",.."". ."....,.."",. .,'",...."....",. ..,,'...., 13 13. ENTIRE AGREEMENT: "". .,",..",'..",. .,",..,',....".,",.."....",.",..",..",.""....""."",..",....",."",. 13 14. PRIOR AGREEMENT:. ..,'".."'..",,.. ."..."".."... .,..,",..,',..,',..,',..",..",.."....",.."".."",..""."".." 13 15. MODIFICATION AND WAIVER: ........................................................................................... 14 16. GOVERNING LAW: ',.....,",.".....",..",.,.",....,..,.". .,',.."....,',."...."..,",.",....,....",...",.."".."",.., 14 17. INDEPENDENT SEPARATE COVENANTS: ........,................................................................ 14 18. VOID CLAUSES: ,.,'"",...,."."".. .,'"..",..,,'.. .,',..,',...,',.."..""..",..",...",.."". .,"',..""..",.""..".... 14 19. DISTRIBUTION DATE: ..,.,. .,',...,",..".,.""....,...",. .,',..,',..,",.,',..,",..",.."".....",....",.",....,..".., 14 20. DATE OF EXECUTION: .......................................................................................................... 14 page 2 . Fruhwirth MSA NUUUTALSETTLEMENTAGREEMENT THIS AGREEMENT, made this ~ day of ~, 2002, by and between David M. Fruhwirth, hereinafter called "Husband", and Bonnie J. Fruhwirth, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on September 30, 2000, in Cumberland 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 ofthe 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 page 3 . Fruhwirth MSA 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 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 is 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 page 4 , FruhwirthMSA 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. 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 thernselves, 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 page 5 . Fruhwirth MSA provided herein. 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 page 6 , Fruhwirth MSA 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. 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: 4185 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania: a. Husband owns as a premarital ass est the real property known as 4185 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania (referred to herein as the "premise"). The parties hereby agree that Husband shall be entitled to all right, title and interest to said premise and Wife shall waive any and all right, title and/or interest, claim she may have therein and shall further execute upon request a quit claim deed transferring any interest she may have therein. B. DISTRIBUTION AND WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: 1. 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, 40!k's, pensions, 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. 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, page 7 , FruhwirthMSA each party hereto specifically waIvmg, 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. By way of further definition, the parties hereby incorporate the attached Exhibit A - Personal Property - as if fully set forth herein. To the extent any inconsistency exists between Exhibit A and the foregoing provision, Exhibit A shall control. 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 all documents to reflect such ownership, including but not limited to titles, insurance documentation and registration forms. Specifically, Husband retains the 1998 Chevrolet Malibu. The Members pt loan shall be assumed by Husband and paid in full by him. He shall further indemnify and hold Wife harmless thereon to every extent and for any and all claims asserted. 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. 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 page 8 Fruhwirth MSA 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. ADDmONAI.. 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. AFfERACQUIRED 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 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 page 9 . Fruhwirth MSA 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. Joint Debts: The parties agree that Husband shall be solely liable for the following debts which are jointly titled: 1. HFC - home equity line on the premise. Wife signed as a co- borrower prior to the parties' marriage. 2. Members 1st - personal and auto loan. Husband shall indemnify and hold Wife harmless on the foregoing debts to every extent. D. 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 page J 0 Fruhwirth MSA 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 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. 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 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 page 11 , Fruhwirth MSA marital status, or has knowingly refused or waived such advice or information. 9. 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. 10. 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 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. 11. 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 page 12 . Fruhwirth MSA 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. b. 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. 12. 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. 13. 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. 14. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements executed between the parties, and/or mayor have been executed prior to the date and time of this Agreement, are null and void and of no effect. page 13 Fruhwirth MSA 15. 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. 16. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. 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. 18. 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. 19. 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. 20. 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. page /4 . Fruhwirth MSA 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: d/wo/ ~'ffI.m J:::- Davi M. Fruhwirth 2 ~v~_/ Q,C1>VlU..L~ (1,. , J.. . ,Iirdf-, Bonnie J. F rth page 15 Fruhwirth MSA Commonwealth of Pennsylvania : ss. COUN1Y OF ~(J-o~ On this, the 17 day of M4Y , 2002, before me, a Notary Public, personally appeared David M. Fruhwirth, 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. NOTf!M~ IP My Commission Expires: /(j /.3 idS;- '&,,;..,,- Commonwealth of Pennsylvania tIOTARIM.8&AL , RAN J.IQ.B, NaIIIy NIIIo r.aftel..e.u ~ CIIIi8IInI CD. 0.,.,. r .jElriJhlOlt 11, IllI COUN1YOFm~lo-Nl : ss. On this, the ~ day of ~ ' 2002, before me, a Notary Public, personally appeared Bonnie J. Fruhwirth, 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: Notlu1&I SeIJ -~~~a. page 16 ,. Fruhwirth MSA Bonnie J. Fruhwirth, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. David M. FruhWirth, Defendant CIVIL ACTION - LAW IN DIVORCE ADDENDUM TO MARITAL SEITLEMENT AGREEMENT WHEREAS, the parties hereto in accordance with paragraph 15 of their Marital Settlement Agreement hereby further agree as follows: 1, Wife shall be entitled to possession and use of 4 I 85 Kittatinny Drive, Mechanicsburg, Pennsylvania for a period of2 months from the date of execution of this Agreement & Addendum whereupon Wife shall thereafter remove herself, her son and all her personal property at that time, 2. Husband does and shall forever after waive, relinquish and release any and all rights he may have or may assert to any property Wife acquires from the date of the Agreement & Addendum forward, 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: de t!;,t ~/7' v~ David M. Fruhwirth '~~~, ~.---.- " ) ~~~7/ ~ ~AJI ,,-fu Bonnie J. Fruh~h page 17 Big Screen Television - Dave 27" television - Bonnie Sound System and DVD's - Dave Liquor Cabinet - Dave Desk and Computer - Dave Fish Tank - Dave Gas Grill - Bonnie Gym Equipment - Dave Camping Stuff - Dave Marshall Arts - Dave Pfaltzgraft dishes - Bonnie EXHIBIT A All furniture was bought prior to marriage. Each plrty will keep what they brought into the marriage. COMMONWEALTH Of PENNSYLVANIA H 105.157 fiE.v_B.eO DEPARTMENT Of HEAL TH VITAL RECORDS RECORD OF STATE fiLE NUMBER COUNTY DIVORCE OR ANNULMENT STATE fiLE DATE C \A. MI1 f/.... 1-A\f'1) 00 (CHECK ONE) o HUSBAND s. Nt;; 1.1" J.- RESIDENCE Y I <65 (f"1f) {M"jelleJ fL.urJ 2. DATE OF BIATH 4. PLACE OF 10 NUMBER Of THiS MARRIAGe BLACK o 5ertllQ 1. 2. (Yl,chae I e,t.,.. 90fO. Of T "'13. bd rY1ech. OTHER IS~,il'l'; o WIFE b or~,gfl 7enns jIItlYlII':J... b I (ec..f()r B fUsr) 9. DATE OF BIRTH (Moflth) (o.y) lYe..,) i)Lf w9 10. ". o 15. {Sr.te Of fOf~"gn Country} 7t'nns /'/M Ilt (Ye;jf) 17A. PLAINTifF HuSBAND o WIFE o OTHE R lSpl""yl o OTHEA lSpl'c.lyl o 20. WifE D SPLIT CUSTODY D OTHER lS~c,jyl o 21. LEGAL GROUNDS fOR DIVORCE OR A'~NULMENT 22. (Monrh) fD.y) lYe.,) 2). DATE REPORT SEr~T TO VITAL RECORDS IMonrh) 24. SIGNATURE OF TRANSCRIBI"4G CLERK Husband's social security number: /0/~50,- q3~() / g 5- 54- /5'0 J Wife's social security number: 0-1 C:: U-' S:! .~~3~ ~: :~l= ~ ~~ 0... ;~ <=;) ."cn c>"'; l:~~ >- Gl iiJ ....--4: :--~}O- ::lC ~,> ~ S::! 7 " o ~ "-' >- b:: IS C' LJ...! -..,,> ~~.C~' (:,) (: @I~-- ui1:.1.:. ~-" t ~f ::r- ~~ f"i c; t'- I , , ~ ~ ~~ () J ~ -..; v,. () . ~ 4l..tJ &~ Vi 11 t-. ~..... st - ~ "* l>J , Bonnie J. Fruhwirth, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-2627 Civil Term David M. Fruhwirth, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, David M, Fruhwirth, Defendant in the above captioned matter do hereby on the date indicated below accept service of the divorce complaint filed by Plaintiff, Bonnie J, Fruhwirth, to the above term and docket. Date: ~()-o <- <: .....-\ ~- c_~ . , () 0 0 ~ Nt 'T1 C- -.., ~gJ c: T z (l1;!: ~i ~t"rT1 Nt .,:06 ~~( ~ -0 ~::r:~.i :x Q~ >8 l:" c5 ~ w ~ -< - - Bonnie J. Fruhwirth, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-2627 Civil Term David M. Fruhwirth, Defendant CIVIL ACTION - l.AW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 30, 2002 and service was obtained upon the defendant by Acceptance of Service, executed by defendant on June 5, 2002 and filed with the Cumberland County 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: 11. ,. ~- o"Z.. 9 -9 ~L----- ;J David~. Fruhwl =r '. ... 0 a ~ C i'V <:.OV" :::J ''0 C' '-q nl n' ';-') ....,.. -r""' ~._" Zr- (/31 CD ~C) <.:0.. ~Q -.,' ;j;U N ; C :.::; ~ I'V -I'....... 51 (,.,) -<'~ Bonnie J. Fruhwirth, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-2627 Civil Term David M. Fruhwirth, Defendant 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 30,2002 and service was obtained upon the defendant by Acceptance of Service, executed by defendant on June 5, 2002 and filed with the Cumberland County 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:4oa, c{SDY\ffi1O ~ J(~1r Bonnie J. Fr Wirth .. ~. 0 CJ 0 C r...;; -"-1 $: 0 -0 r:G ,''1 rn fT C-) Z--' ." zc O~;. (:::::l t::i:~J ~I-=', _,.1-"", 5>L f'0 ~ C Z ~) ~j ~ (",:, -< Bonnie J. Fruhwirth, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-2627 Civil Term David M. Fruhwirth, Defendant 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. J 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. Date: 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. ~~ David M. Fruhwirth I J--C-o z. .'... (') c: ? -uij-:; nlrp 2:':1 ---..lit f-- ,.(':.-- -...~ (J)<'" 2'~ 41.,"- C) ~C t;:;O "'S ~ \,......J f-....J ;:::) ["01 n .I' ()J N .. ''-) (,,) ~.- j =-1 -~.,.. :.cJ -< Bonnie J. Fruhwirth, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-2627 Civil Term David M. Fruhwirth, Defendant 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:~O'l ~ V ~1\U 1( (11XUlJlf1i11t. onnie J. F~irth ; ~. o 0 C 1'V Z t"::J -0 i:1,~ j 1\ 0) D;:' ~, z: e (....) Cfl~: ". ~t) '~F, :;p C:. r:? ..::-' ~ :<'\ . ..< ( .:J ::2 Bonnie J. Fruhwirth, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2627 Civil Term David M. Fruhwirth, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under 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 5, 2002 and an Acceptance of Service was subsequently 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: by Defendant: November 3, 2002 December 5, 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: December 18, 2002 by Defendant: December 18, 2002 4. Related claims pending: There are no related claims pending. Respectfully Submitted, Law Offices of James A. Miller LltJ? I/It--- BY: Christop~r J. Keller, Esquire Attorney for Plaintiff 2157 Market Street Camp Hill, PA 17011 n~. \ \ \ \ \ (') 0 0 C N -n s: 0 ::~! -oGJ 1"''1 "'f';:D nlrr; n ' 'r- Z ::L~ N .-, f.::-"1 zr .~...,) (f)J,c 0'. 1(":.> ~6 ~:,. .,..: --r- ~ _"'n ):>0 ::J: ("'?('') Ze om >c: - .. --I :z: N ?iJ ~ eJ1 -< ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BONNIE J. FRUHWIRTH No. 02-2627 Civil VERSUS DAVID M. FRUHWIRTH AND DECREE IN DIVORCE NOW.~ ~ , . UP 1,...- , IT IS ORDERED AND DECREED THAT Bonnie J. Fruhwirth , PLAINTIFF, AND David M. Fruhwirth , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; It is further ordered that the terms of the parties' May 24. 2002. Marital Settlement Agreement are hereby incorporated but not merged into this Final PROTHONOTARY ~~;f.;f.;f.;f.;f.;f.;f. ;f.;f. ;f.;f.;f. ;f. ;f.;f.;f. ;f. ;f. ;f.;f.;f.;f.;f.;f.;f.;f. .~ 1: ~ ~<< [(70 [. I ~ r?!~ ~-rp [q.f-/ , ~ ... '\ ' .' ~\'\ " .. ~. ,. i. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .DDnn e J r([) 11 W I ( t h Plaintiff : FILENO. (j Q ';)1.,;)7, 20 VS. IN DIVORCE bC\vlLl en, h0 flu) ,(\-h Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /Defendant in the above matter, having been granted a Final Decree in Divorce on the .3 0 day of Dr ( ;:J /)0 d hereby elects to resume the prior surname of . '8 u.. bb and gives this written notice pursuant to the provisions of 54 P,S. 704, DATE: Y -i(OS '< .D0\'V1Ui-. j ,J'\lllu;n,/\-\"h Signature /~~i~A\ ~ ~~ Signature o{na eing resumed COMMONWEALTH OF PENNSYL VANIA : SS. COUNTY OF CUMBERLAND On the 8711 day of t!P((1 L , 20 CJ5-, before me, a Notary Public, personally appeared the above affiant lmown to me to be the person whose name is subscribed to the within document and aclmowledged that he/she executed the foregoing for the purpose therein contained, In Witness Whereof, I have hereunto set my hand and official seal. NOTARlAlSEA1. JOey s, SMITH, NOTARY PUBUc Carlisle lloto' Olmbenand County My Convnisaion Expi/es April 4, 2009 Jrlzfc(J~ / Notary Public ,...> <;(, ~ ~% P ~ ,..../'1 ~~?J ~ t.. c -;:0 ~tn () \ ,:,~_J'tJ -- CO :.';C) \' ~_.-'. 'I , -0 "2; .J_-l~' (; i)~:- ..;;~ ,c~ 'if; ~ -' :-2, ' .- ,.., (p ~~(1. ~ ..J ...Jo_ Y lI\ ( - ~....-~-,_.,...-"'~-