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HomeMy WebLinkAbout01-5510WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S, Carlisle Street New Bloomfield, Pa. 17068 Tel. (717) 582-8195 FAX (717) 582-7521 JAYME L. GARNER, Plaintiff JEFFREY L. GARNER, Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9th JUDICIAL DISTRICT : OF PENNSYLVANIA :IN DIVORCE NO. 01- ,~'~'1~) 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 HELP. Cumberland County Bar 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 ry · q Supreme Court ID # 77396 109 S. Carlisle Street, P.O. Box 336 New Bloomfield, PA 17068 Attorney for Plaintiff, Jayme L. Garner WILLIAM R, BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa 17068 Tel. (717) 582-8195 FAX (717) 582-7521 JAYME L. GARNER, Plaintiff JEFFREY L. GARNER, Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9th JUDICIAL DISTRICT : OF PENNSYLVANIA :IN DIVORCE : NO. 01- ,.,C,,$"1 COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODF AND NOW, comes the Plaintiff, JAYME L. GARNER, by her attorney, Chrystal L. Prosser, Esquire, and sets forth the following: 1. That Plaintiff is JAYME L. GARNER, an adult individual whose current mailing address is 1060 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania. 2. That Defendant is JEFFREY L. GARNER, who currently resides at 1060 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania. 3. That Plaintiff and/or Defendant has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. That the Plaintiff and Defendant were married on September 11, 1999 at Middletown, Pennsylvania. the parties. 6. 7. That there have been no prior actions of divorce or for annulment between That the marriage entered into by these parties is irretrievably broken. That Plaintiff has been advised that counseling is available and that Plaintiff LAW OFFICE OF WILLIAM R BUNT WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfiefd, Pa. 17068 Tel, (717) 582-8195 FAX (717) 582-7521 may have the right to request that the Court require the parties to participate in counseling. 8. That Plaintiff requests the Court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: Jaym6 L. Garner, Plaintiff ChrystaJ L. Prosser, Esquire Supreme Court ID # 77396 109 S. Carlisle Street P.O. Box 336 New Bloomfield, Pennsylvania 17068 Attorney for Plaintiff, Jayme L. Garner WILLIAM R. BUNT CHRYSTAL L. PRO~Eil ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Tel. (717) 582-8195 FAX(717) 582-7521 JAYME L. GARNER, Plaintiff JEFFREY L. GARNER, Defendant · IN THE COURT OF COMMON PLEAS · OF THE 9TH JUDICIAL DISTRICT · OF PENNSYLVANIA ' IN DIVORCE · NO. 01-5510 AFFIDAVIT OF SERVICE Before me, a Notary Public, appeared Chrystal L. Prosser, Esquire, who being duly sworn according to law, deposes and says that service of a Complaint in Divorce along with a Notice to Defend and Claim Rights and Notice of Right to Counseling was made on the Defendant by depositing the same in an envelope addressed to Mr. Jeffrey L. Garner, 1060 West Foxcroft Drive, Camp Hill, Pennsylvania 17011, in the United States Mail and by mailing the same Certified Mail, Restricted Delivery # 7000 1670 0012 8350 5823 on September 25, 2001 from the New Bloomfield Post Office, Perry County, Pennsylvania· The original PS Form 3800 and PS Form 3811, marked Exhibit A, are attached hereto and incorporated herein by reference thereto· Sworn and subscribed to before me this r~l:~ day of March, 2002· Chrystal/L Prosser, Esquire WILLIAM R, BUNT CHRYSTAL L. PROSSER A11-ORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Tel. (717) 582-8195 FAX (717) 582-7521 Postage Cerlified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ~ Items 1, 2, and 3. item 4 If RestriCted Oellvery Is dealred. II Print your name and address on the reverse ~o ii,It we can retum the card to you. I AttaCh this card to the back of the mallplece, ~. Jeffrey L. Garner 1060 West Foxcroft?.D~ive Camp Hill, PA 17011 2. ,~'lcte Nomber (Copy fro~ sen4ce/abeO 7000 1670 0012 8350 5823 "I~B Form 3811, July 1999 Signature %ff YES, rater d~lv~y eddmss below: [] No [] Registered {~letum Receipt for Memhandl~ [] Insured Mall [] C.O;D. 4. Re~Hcted Delivery? ~.x~a Fee) ~ Domestic Re~um Receipt Exhibit A WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Tel. (717) 582-8195 FAX (717) 582-7521 JAYME L. GARNER, Plaintiff JEFFREY L. GARNER, Defendant · IN THE COURT OF COMMON PLEAS · OF THE 9TH JUDICIAL DISTRICT · OF PENNSYLVANIA · IN DIVORCE · NO. 01-5510 AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on September 21, 2001· 2. The mardage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint· 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree· I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Ja~me~.. (~5'~rn~, Plaintiff WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Tel. (717) 582-8195 FAX (717) 582-7521 JAYME L. GARNER, Plaintiff JEFFREY L. GARNER, Defendant ' IN THE COURT OF COMMON PLEAS · OF THE 9TH JUDICIAL DISTRICT · OF PENNSYLVANIA · IN DIVORCE · NO. 01-5510 AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on September 21, 2001· 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct· I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. J~f'i~y~.. Gar'~er, Defendant WILLIAM R. BUNT CHRYSTAL L. PROSSER A1TORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Tek (717) 582-8195 FAX (717) 582-7521 JAYME L. GARNER, Plaintiff JEFFREY L. GARNER, Defendant : IN THE COURT OF COMMON PLEAS : OF THE 9TH JUDICIAL DISTRICT : OF PENNSYLVANIA : IN DIVORCE : NO. 01-5510 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 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. § 4904 relating to unsworn falsification to authorities. Date: JaCme'L. ~rar'n~r, Plaintiff WILLIAM R. BUNT CHRYSTAL L, PROSSER ATTORNEYS AT LAW 109 S, Carllsle Street New BIoomfleld, Pa. 17068 Te1.(717) 582-8195 FAX(717)582-7521 JAYME L. GARNER, Plaintiff JEFFREY L. GARNER, Defendant · IN THE COURT OF COMMON PLEAS · OF THE 9TH JUDICIAL DISTRICT · OF PENNSYLVANIA · IN DIVORCE · NO. 01-5510 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.^. § 4904 relating to unsworn falsification to authorities. (ey~. ~'arner, Defendant WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 AGREEMENT THIS AGREEMENT made this ~7~'~ day of /'~~ , 200~ between JAYME L. GARNER, Party of the First Part, residing at 1060 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as the "Wife" and JEFFREY L. GARNER, Party of the Second Part, residing at 18 Gale Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as the "Husband"; WITNESSETH: WHEREAS, the parties were married on September 11, 1999 in Middletown, Pennsylvania; and WHEREAS, no children were born of this marriage; and WHEREAS, the parties hereto intend to live separate and apart; and WHEREAS, the parties desire to settle their property rights; and WHEREAS, disputes and difficulties have arisen between the parties, and It Is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented by Chrystal L. Prosser, Esquire, and that Husband has proceeded pro se in this action. The parties represent and warrant that they have fully disclosed to each other Tel. (717) 582-8195 Page 1 of 17 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSEr, ATTORNEYS AT LAW t09 S. Carlisle Street New Bloomfield, Pa. 17068 all assets of any nature owned by each, all debts or obligations for which the other party my be liable in whole or in part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements; and WHEREAS, both parties agree to relinquish any and all claims which either may have against any property now owned or belonging to the other or which may hereafter be acquired by either of them by purchase, gift, devise, bequest, inheritance and otherwise, except as to the obligations, covenants and agreements contained herein; NOW THEREFORE, in consideration 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, do covenant and agree, as follows: 1. PERSONAL RIGHTS: 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 provisions 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. INTERFERENCE: 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, separate and apart from the other. 3. DESIRE OF THE PARTIES: It is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property or estate, including property heretofore or Tel. (717) 582-8195 Page 2 of 17 FAX(717)582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSER A1TORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or for support, alimony, counsel fees and costs, custody and equitable distribution. 4. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does 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, titles and interest, or claims in or against the property, including income and gain from property hereafter accruing, of the other or against the estate of each other, of whatever nature and wheresoever situate, which she or he now has, or at any time hereafter may have against each 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 Law, or the rights to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of the surviving spouse to participate in a deceased spouse's estate, or any right which a wife or a husband may have or at any time hereafter may have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital separation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any part hereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full and complete general release with respect to any and all property of any kind or nature, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatever nature arising or which may arise under this Agreement or for the breach of any part of this Agreement, subject, however, to the implementations and satisfaction of the conditions precedent as set forth herein above. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full Tel. (717) 582-8195 Page 3 of 17 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L, PROSSER A1'I'ORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 settlement and satisfaction of any and all of their rights against the other; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction except claims as may be incurred in connections with a breach of this Agreement as set forth in Paragraph 23 - Breach below. 5. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate 0f the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 6. FINANCIAL DISCLOSURE: The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering in this Agreement and by entering into this Agreement without reliance upon TeL (717)582-8195 Page 4 of 1 7 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Codlsle Street New Bloomfield, Pa. 17068 financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 7. FULL DISCLOSURE: Each party asserts that he or she has made or shall make a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 8. INCOME TAX CONSIDERATIONS: The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equitable division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 9. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, taking into account the following considerations: the length of the marriage; the fact that it is Wife's first marriage and Husband's first marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training and increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party, the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets; and the division is being effected Tel, (717)582-8195 Page 5 of 17 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSE~ ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DIVISION OF REAL PROPERTY: The parties acknowledge and agree that they own no real estate, either individually, as tenants by the entireties or jointly with any other person except as herein provided. Husband and Wife own one parcel of property situate in Wormleysburg Borough, Cumberland County, Pennsylvania, as more particularly described in Deed dated April 20, 1999, and recorded in Cumberland County Record Book 200 at Page 645. Husband agrees to convey to Wife all of his right, title and interest in said property and further agrees never to assert any interest therein in the future. Wife agrees to assume sole responsibility for any liabilities related to said property including but not limited to the mortgages, taxes and insurance. The property is currently subject to a mortgage with Wells Fargo with a balance of approximately $82,300.00 as of September 18, 2001. Wife agrees to become solely liable for said debt and to indemnify and hold Husband harmless for the same. Wife agrees to refinance said indebtedness into her name alone or to otherwise remove Husband's name from said indebtedness as provided herein below. Husband and Wife agree to execute any and all paperwork necessary to give effect to this agreement. B. DIVISION OF PERSONAL PROPERTY: The parties are the joint owners of certain personal property as a result of the marriage which shall be divided as follows: i. Personal property (excludin.q motor vehicles): Said marital property has heretofore been divided to the satisfaction of the parties. Husband agrees to relinquish to Wife all of his right, title and interest in the personal property currently in Wife's possession and Wife agrees to assume sole responsibility and liability for the same. Wife agrees to relinquish to Husband all of her right, title and interest in the personal property currently in Husband's possession and Husband agrees to assume sole responsibility and liability for the same. Tel. (717)582-8195 Page 6 of 17 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSER AI'rORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 ii. Motor Vehicles: There currently are three vehicles subject to the within Agreement. The parties hereto agree that the 1991 Toyota Tercel was pre- marital property belonging to Wife and Husband has no right, title or interest in said vehicle. Should at anytime, it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, Husband and Wife agree that it shall be done immediately upon request of the other party. Said vehicles shall be distributed as follows: a. GMC Jimmy Truck: Said vehicle is in Husband's name alone and is financed through Belco in Husband's name alone. Wife agrees to transfer to Husband all of her right, title and interest in said vehicle and Husband agrees to assume sole responsibility for any liabilities related thereto. Husband agrees to indemnify and hold Wife harmless for any liability related to said vehicle. b. Harley Davidson Motorcycle: Said vehicle is in Husband's name alone and is financed through Belco in Husband's name alone. Wife agrees to transfer to Husband all of her right, title and interest in said vehicle and Husband agrees to assume sole responsibility for any liabilities related thereto. Husband agrees to indemnify and hold Wife harmless for any liability related to said vehicle. c. Toyota 4 Runner: Said vehicle is in both Husband's and Wife's name and is financed through Belco in both names. Husband agrees to transfer to Wife all of her right, title and interest in said vehicle and Wife agrees to assume sole responsibility for any liabilities related thereto. Wife agrees to indemnify and hold Husband harmless for any liability related to said vehicle. Wife has refinanced said debt with Belco into her name alone. C. BANK ACCOUNTS: The parties are the joint owners of the following accounts and agree that the same shall be divided as follows: i. Belco Savinqs Account: The parties are the joint owners of a savings account with Belco. The estimated balance as of September 18, 2001, was $380.16. The parties hereto agree that said account has been split to the satisfaction of Tel. (7t7)582-8195 Page 7 of 17 FAX (7t7) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carllste Street New Bloomfield, Pa, 17068 the parties and Wife's name removed from the account. The parties agrees to relinquish each to the other any right, title or interest in the other's share of the proceeds from said account. ii. Belco Checkin,q Account: The parties are the joint owners of a checking account with Belco. The estimated balance as of September 18, 2001, was $5,089.10. The parties hereto agree that said account has been split to the satisfaction of the parties and Wife's name removed from account. The parties agrees to relinquish each to the other any right, title or interest in the other's share of the proceeds from said account. iii. PSECU Checking Account: The parties are the joint owners of a checking account with PSECU. The estimated balance as of September 18, 2001, was $853.26. The parties hereto agree that said account has been split and the account closed. The parties agrees to relinquish each to the other any right, title or interest in the other's share of the proceeds from said account. iv. PSECU Savings Account: The parties are the joint owners of a savings account with PSECU. The estimated balance as of September 18, 2001, was $20.06 The parties hereto agree that said account has been split and the account closed. The parties agrees to relinquish each to the other any right, title or interest In the other's share of the proceeds from said account. D. INVESTMENT ASSETS: There investment asset titled in both names jointly. Each does not currently exist any party has maintained separate investment assets, including but not limited to stocks and certificates of deposits, in his or her name alone. Husband agrees to relinquish to Wife all of his right, title and interest in the investment assets currently in Wife's name alone and Wife agrees to assume sole responsibility and liability for the same. Wife agrees to relinquish to Husband all of her right, title and interest in the investment assets currently in Husband's name alone and Husband agrees to assume sole responsibility and liability for the same. Should at anytime, it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, Husband and Wife agree that it shall be done immediately upon request of the other party. Tel. (717)582-8195 Page 8 of 17 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloornfleld, Pa. 17068 E. AFTER ACQUIRED PERSONAL PROPERTY: Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of.execution of this Agreement, 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. 10. DEBTS: The husband and wife represent and warrant to each other that neither one has contracted any debt or debts, charges or liabilities whatsoever for which the other party or their property of their estates shall or may be or become liable or answerable, and they covenant that they will at all times keep each other free, harmless and indemnified against and from any and all debts and liabilities heretofore or hereafter contracted or incurred by either of them, except as expressly provided in this Agreement. Husband and Wife covenant and agree that the only marital debt is as follows: A. Wells Farqo Mort.qa.qe: There currently exists a mortgage between Husband and Wife and Wells Fargo. Said mortgage is recorded in Cumberland County Record Book 200 at Page 645 against the real estate situate in Wormleysburg Borough, Cumberland County, Pennsylvania. Said mortgage has a remaining balance of approximately Eighty-two Thousand, Three Hundred ($82,300.00) Dollars as of September 18, 2001. Wife agrees to become solely liable for the same and will indemnify and hold Husband harmless for the same. Wife agrees to refinance said mortgage or otherwise have Husband's name removed from said mortgage within ninety (90) days of the execution of the within Property Settlement Agreement. If Wife is unsuccessful in refinancing said debt or otherwise having Husband's name removed therefrom within the timeframe above described, Husband and Wife agree that the house will immediately be listed with a realtor, mutually agreed to by the parties, to be sold at a fair market value based upon the realtor's appraisal. Any equity in the home will belong to Wife after payment of all debts associated with said property taxes and settlement costs. If the equity in the home is insufficient to pay said debts and costs, the parties hereto agree that Wife is solely responsible for paying the money Tel. (717)582-8195 Page 9 of 1 7 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PRO$SER AI-rORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 necessary to complete settlement. B. Belco Loan (truck): There currently exists a Belco loan secured by the title to the GMC Jimmy Truck. Said loan is titled in Husband's name alone with an approximate balance $8,337.68 as of September 18, 2001. Husband agrees to assume sole responsibility for said debt end to indemnify end hold Wife harmless for any Ilablllfy related thereto. C. Belco Loan (motorcycle): There currently exists a Belco loan secured by the title to the Harley Davidson motorcycle. Said loan is titled in Husband's name alone and was originally for $5,500.00. Husband agrees to assume sole responsibility for said debt and to indemnify and hold Wife harmless for any liability related thereto. D. Belco Loan ISUV): here currently exists a Belco loan secured by the title to the Toyota 4 Runner. Said loan was titled in both names with an approximate balance $13,656.44 as of September 18, 2001. Wife agrees to assume sole responsibility for said debt and to indemnify and hold Husband harmless for any liability related thereto. Wife has refinanced said debt into her name alone. E. Belco Visa: There currently exists a Visa credit card through Belco which is titled in both names had an approximate balance of $2,600.00 as of September 19, 2001. Each party warrants that they have not made any additional charges to said card since said statement. Wife has already paid to Belco one-half (1/2) of said amount. Her name has been removed from the account. Husband agrees to pay the balance and to indemnify and hold Wife harmless for any liability related thereto. F. The parties warrant that have returned each to the other that any charge cards, if any, in the name of the other party and each party agrees not to charge any expenses in the name of the other party. Each party warrants that all jointly held accounts have been or will be closed or transferred into the name of one party alone. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. Each party agrees to save and hold harmless and indemnify the other party from any liability on any loan assumed by said party. Tel. (717) 582-8195 Page 1 0 of 17 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 11. RETIREMENT-PENSION-PROFIT SHARING PLANS-BONUSES AND INCENTIVE PROGRAMS: Each party hereby transfers to the other all of said party's right, title and interest in the other party's pension, retirement, profit sharing plan, IRA, bonus and/or incentive program at said party's current or former place of employment and acknowledges that said party has no claim, right, interest or title whatsoever in said pension, retirement, profit sharing plan, IRA, bonus and/or incentive program and further agrees herein not to assert any claim to said pension plan, retirement, profit sharing plan, IRA, bonus and/or incentive program in the future. 12. SUPPORT: Husband and Wife mutually covenant and agree that neither party will make a claim for spousal support, alimony pendente lite, or alimony against the other. 13. LIFE INSURANCE: Each party agrees to relinquish all right, title and interest in any insurance policy on the other. All current and/or future life insurance policies on either party may be changed and/or amended to delete the other party as beneficiary thereof and each party shall be solely liable for premiums on his or her own policies. 14. MEDICAL INSURANCE: The parties acknowledge that each party is covered under the medical insurance currently being provided as a benefit of his or her employment and that neither party Is responsible for coverage of the other pending finalization of the Divorce. 15. BANKRUPTCY: The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. The parties acknowledge that there are not bankruptcy proceedings presently Tel, (717)582-8195 Page 1 1 of 17 FAX(717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further if either party institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which a party's right to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and any other obligations to said party thereunder in order to allow the appropriate court of Common Pleas to rule upon the issue. 16. RECONCILIATION: This Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this Paragraph 16 is to promote a reconciliation between the parties, promote marital harmony and to discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge that they have been fully informed and are fully acquainted with the legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party enters into this Agreement, and the terms of this Paragraph 16, freely, voluntarily and with full knowledge and understanding. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the Te~. (7~7) 582-8~9S Page 12 of 17 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L, PROSSER ATTORNEYS AT LAW 109 S, Cadlsle Street New Bloomfield, Pa. 17068 Tel. (717) 582-8195 FAX (717) 582-7521 provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel. Husband is proceeding without representation. Husband has been advised by Chrystal L. Prosser, Esquire, to secure the benefit of counsel prior to executing this Agreement. Wife has employed and had the benefit of counsel of Chrystal L. Prosser, Esquire, as her attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection or had the opportunity to obtain the same and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 19. LEGAL REPRESENTATION: The parties acknowledge that Attorney Chrystal L. Prosser is representing the interest of the Wife. Husband has been advised to secure the services of any attorney prior to executing this Agreement. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding Page 13 of 17 WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. 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 and the party breaching this contract may be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. The determination as to whether or not this Agreement is breached shall be made by a court of competent jurisdiction. 24. 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. 25. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or be 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 shall continue in full force, effect and operation. 26. WARRANTY: Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that It Is fair and equitable to each of them. 27. DATE OF EXECUTION: The "date of execution" or "execution date" of the TeL (717)582-8195 Page 14 of 17 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Cafllsle Street New BIoomfield, Pa. 17068 Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 28. EFFECTIVE DATE OF THIS AGREEMENT: This Agreement will become effective and binding upon both parties upon execution of this Agreement by both of them. 29. COUNTERPARTS: This Agreement may be executed in any number of counterparts and any party hereto may execute any such counterpart, each of which when executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all the parties hereto. It shall not be necessary in making proof of this Agreement or any counterparts hereof to produce or account for any of the other counterparts. 30. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 31. INCORPORATION IN FINAL DIVORCE DECREE: The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be Incorporated Into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is Tel. (717) 582-8195 Page 15 of 1 7 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 32. SUBSEQUENT DIVORCE: The parties acknowledge that Wife instituted an action for divorce under Section 3301(c) of the Pennsylvania Divorce Code. Wife agrees to pursue without delay preparing and executing the necessary documents to file for the entry of a Final Decree under Section 3301(c). Husband consents to the entry of said Decree and will execute and deliver to Wife's attorney any and all other instruments necessary to accomplish the entry of said Decree. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Jayn~. G~fr n~w''''- (SEAL) {~e f~l~el~y L~:~arner (SEAL) Tel, (7]7) 562-8]95 Page 16 of 17 FAX (717) 582-752~ WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Commonwealth of Pennsylvania · County of Perry · SS On this, the .......... day of ....~.~...~'~......, 200,~', before me the undersigned officer, personally appeared Jayme L. Garner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and notarial seal. Notarial Seal CHRYSTAL L PROSSER, Notary Public New Bloomfield Perry Co. PA My Commiss on Exp res May 15, 2004 Commonwealth of Pennsylvania County of : SS On this, the .,2.,O~.. day of ..(Z./.(.,Lr'...~.~..] ...... 200~ before me the undersigned officer, personally appeared Jeffrey L. Garner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and notarial seal. J. NotariM Seal I Jscqueline L. ]¢~uro, Notary Public East Ponnsboro'Dvp., Cmnberinnd Count~ .__M~ Commission Expires Aug. 13, Tel. (717) 582-8195 Page 17 of 1 7 FAX (717) 582-7521 WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa, 17068 Tel. (717) 582-8195 FAX (717) 582-7521 JAYME L. GARNER, Plaintiff JEFFREY L. GARNER, Defendant · IN THE COURT OF COMMON PLEAS · OF THE 9TH JUDICIAL DISTRICT · OF PENNSYLVANIA · IN DIVORCE · NO. 01-5510 To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Please transmit the record, together with the following infc..~ation, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail # 7000 1670 0012 8350 5823 dated September 27, 2001· 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff March 7, 2002; by Defendant March 3, 2002. 4. Related claims pending: None· 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: March 15, 2002. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: March 15, 2002. Chrystal/L. Pr(~sser, Esquire Attorney for Plaintiff Date: Z INTHE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE Of .~.~ PENNA. VERSUS d~-~'~ T,. GAR~3~R. No. 0~-~ DECREE IN DIVORCE AND NOW, , 2002 , IT IS ORDERED AND DECREED THAT ~ L. ~ AND d~:,'_,~-~' L, ~ PLAINTiFf, 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; A P£opertySettl~s~tAgre~w~nt, dated March7, 2002, is incorpc~atedhereinand~part PROTHONOTARY