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Home My WebLink About94-00663 ','11 ,I I' I ., " " ,/1 "II I, .1" , 'I , ,)"' !'j i\r JI' ;,'\i i,\~ " '" ., '1/ (, I dl , -(~,~ po ,,:m. ,,~i ' I,,";')i If' \T! 01 " ,I 'I, 'Ii " I' 'I' -I I, " , , , , 1"1 , , , . " 'j'; fi!i'1 '~ ;',t 'Ij 11,,[1< "I] ;1 Ii ,'/j '!f 'I " I-I' ,,' " q'l, \ " I \ " 'ii' ,'I " I, 'i ,', " I' ., I I' I " 'I I II , 'I , , " -I" , I " I I' " , I ~ , , " I , ,'L', I , J I, 1,1 I,' " " " " ., 01 ,I I, " , , , II ri, " " " " I, I;' I , I , , , . .....:...!:-.~~_ '~'~~! ~~ _'~ ::~. ,,~':*.' ..:.:: ::~', .:.;. ::+:', ,.;, ':.:', .:.;':+:.:.:. ;, ':.;":+:' ,.~':~_~:t:~~: ::~, :!f'~~:1 ~ ~ · IN THE COURT OF COMMON PLEAS · . . . OF CUMBERLAND COUNTY . . . . ~.bI . . STATE OF ~:~~t PENNA. . . . . . . John M~ McBride, . It Plaintiff . N I), ,~!i~.C~vU ~.mJ9~.. . . V"I""" . . Lorraine A. McBride, . . .' Deflllldant ~ ~ . . . DECREE IN . . . . DIVORCE . : AND NOW, ,~.~v,"" ~~ . ,2.7 ' . , " 19,' ,-" it Is ordered and . III . III decreed that ..... vc;>~ (>\" ~l3l-"ilil3. .. .. .. " .."..,......, plaintiff, ' ~ . . and. . , . . . . . , , . , ' ,Lorraine A.McBride, , . , . . . ,. ........,."., defendant, . . are divorced from the bonds of matrimony, . . . . The court rotaln! jurisdiction of the following claims which have . . been raised of record In this action for which 0 final order has not yet * _ Qe.n entered; . . , .~~~~~y ,s~~tlen:entand Separation Agreement is hereby incorporated herein . . """'''''''''''''''''''''''''', ~ . .."..... "...... ."...."..."... ,"..""....,....,..........",, M - * : lly Th~ .CDJ~ It ofi, 1" I' . ^".'t~ O~;'#I<<" I' ~~~ 8~~f;~, !: . '!(j/#'"A' K >>k. iff : : ~.l _.... _ _";:';';;,'''-. ,_ ' .f ,:..:. .:.... .:.',' ".:,p.:r..:,'II,~.:.'''.:).I..'.H,:Y..., '~.' l:,: t __ __ __ ,1M(. <C. .w... .:.:. .~;, .:+:. ,~.:' .:.:. .:+;. ~.:' .:.;. .~.> . . ~-.: ....... ....... " 'I 'I ~ IP.. .71 ,/(, (~ ~I tJ /Wo,LJ. ~. I..... L. Jf.-tn... A)rrt PI , r" _~ '/{ ,) &" /)1 fJ u it.. " I , " , , " " 01 , ' ,I 01 " " I' .,' " .. " JOHN M. MCBRIDE, Plaint if f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 663 CIVIL 1994 v. LORRAINE A. MCBRIDE, Defendant IN UIVORCE PRAEqIPE 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 (d) . 2. Date and manner of service of the Complaint! Acceptance of Service signed on February 16, 1994. See attached. 3. (Complete either paragraph (a) or (b), (A) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code, By the Plaintiff: By Defendant! October 13, 1996 November 2, 1996 (B) (1) Date of Execution of the Plaintiff'a Affidavit required by Section 3301(d) of the Divorce Code! NIl' (2) Date of Service of the Notice upon the Defendant! N/A 4. Related claima pending, Affidavit and 1 Jo At' SAID IS, GUIDO, SHUFF A MAS LAND 26 W. lII.h 5!1\''' Cllrllllr,VA , . (. JOHN M. MCBRIDI, I 'laintiff I I I I I I IN THI COURT or COMMON .LIAS CUMBIRLAND COUNTY, PINNSYLVANIA CIVIL ACTION - LAW NO. (01.,\ '3 {'I/.,I fiN 'I IN DIVORCI Y. LORRAINI A. MCBRIDI, D.f.ndant NOTICI TO DIPIND AND CLAIM RIOHTS YOU HAVE BEEN BUED IN COURT. If you wish to defend against ths olaims set forth in the following pages, you must take aotion. You ore warned that, if you foil to do so, ths oase may prooeed without you and a deoree of divorce or annulment may be entered against you by the Court. A judgment may also be ent.red against you for any other claim or relief requested in theae papers by the Plaintiff. You may lose money or property or other rights important to you, including oustody or visitation of your ohildren. When the ground for divoros is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Offioe of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylv~niB. IP YOU DO NOT PILI A CLAIM FOR ALIMONY, DIVIBION OP PRO.IRTY, LAWYIR'B FIlS OR IXPINBII 81FORI A DIVORCI OR ANNULMINT 11 GRANTED, YOU MAY LOSE THI RIGHT TO CLAIM ANY or THIM. YOU IHOUI,D TAKI THIB 'APIR TO YOUR LAWYIR AT ONC.. xr YOU DO NOT HAVI A LAWYER OR CANNOT AFPORD ONI, GO TO OR TILIPHONE THI OFFICI BIT rORTH BILOW TO PIND OUT WHIRl YOU CAN OIT LIGAL HILPI COURT ADMINIITRATOR Cumberland County COUrthous., 4th Floor 1 Courthous. Square Carlisl., PA 17013-3387 (717) 240-6200 LAW 0fI1C1S lJ' IIIITII A. aANIl :Me! Mnoolll. &Joe))3 CanpHU~ \7011 _Oln73/lIl70 , I I I I I i LlWaflClSCl' I ICIITII A.1LAHIl 3ole! M.Mt Ill. SoIo:m i c..pHI. PA 11011 "'I -l1In737:1e1O (. JOHN N. MCIRIDI, I IN ~HI COURT or COMMON 'LIAS 'laintifl I CUMIIRLAND COUNTY, 'IHN8YLVAHIA I Y. I CIVIL ACTION - LAW I LORRAINI A. Me.RIDI, I NO. Delendant I IN DIVORCI COMPLAINT UNDE. SJCTION 3301(0) or TH. DIVORC. coP. 1. rasidee at 104 Pennsylvania. 2. The Defendant ie Lorraine A. McBride, who currently reeidee at 844 Boeler Avenue, Lemoyne, Cumberland County, Penney1vania. The Plaintiff ie John M. McBride, who currently Saint John Road, Cam~ Hill, Cumberland County, 3. Plaintiff and Defendant have been bone fide reeidente in the Commonwealth of Penneylvania for at leaet six (6) months immediately previoue to the filing of thie Complaint. 4. Plaintiff and Defendant were married on November 5, 1988, at Mechaniceburg, Cumberland County, Penney1vania. 5. There have been no prior actione of divorce or for annulment between the partie.. 6. The marriage i. irretrievably broken. 7. Plaintiff hae b.en advi.ed that coun.eling i. avai1eble and thet P1eintiff may have the right to reque.t that the Court require the partie. to partiCipate in coun.e1ing. 8. Plaintiff requeste your honorable Court to enter a decree of divorc~. .". . ," , , N r. J'; .,.1 I verify tllat the .tat.ent. mede in th1e Complaint a..e true en4 correot. I under. tend that fel.e .tatement. herein ar. med. .ubjeot to the penal tie. of 18 Pe.C.S. Se'oUon .904, relet1.ng to un.worn fel.ifioation to authoritie.. .t:iy . . ,\ ,'. (,'I I I I \1, I i I " ' Oatel I/JI/rr )' , , f , , 1 pt~~-!~~k,~r" lequire Attorney for Plaintiff A~rium Weet Building 3461 Market Street, Suitel 303 Camp Hill, PA 17011 (717) 737-2670 Attorney 1.0. No. 67597 J' '> , ' , , \'i \ , , ,\ ! LII'ICJ<'ICUOI' IIIITII A. IIUIIIl 34t1""MHII.I!uIt~ ~HI.""70" I'riont (717) 7l711l170 , .,. Ie S ~. ~ ta ~-~ I, ,1 , ,'I ,.. ..r, ... " l~~": I". U' I;: [, ;,.J'~ L'. "J.',rj'.'" ,'I" j" ,j " . 1'/1 . ,)' , ,.,' ,.r " " I \ ~ I 1'1\ I,~~; D " " I I' " II , , ,),'! I'. , , , , , !; I , " " I, ", , , " , ' JOliN M. MCDRIDa, I IN THI COURT or COMMON P~.A8 PlaintUt II CUMBIRLAND COUNTY, PINNSYLVANIA I v. I CIVIL ACTION - LAW I LORRAINI A. MCBRIDII, I NO. 663 Civil 1994 Defendant I IN DIVORCII AFFIDAVIT OF SBRVICB Peter W. Kociolek Jr., lequire, being duly eworn according to law, depoaee and eaya that he ie the attorney tor Plaintiff, John M. McBride, and that he dld mail a true and correct copy of the Complaint in Divorce in the above matter, by certified mail, return receipt requeBted, reetricted delivery to the Defendant, Lorraine A. McBride, on July 21, 1994, at her laet known addreee. 844 Boeler Avenue, Lemoyne PA 17043, which eatiefied the requiremente of eervice by mail pureuant to Pa. R.C.P. 403. The eigned receipt acknowledging receipt on July 26, 1994 ia attach.d hereto ae Ixhibit "A". P~~' ~~~~~f, aequire Atrium Weet Building 3461 Market Street! Suite 303 Camp Hill, PA 17011 Attorney 1.0. No. 67597 Sworn to andqAub.aribed before - thia da!: of -A~",1,T 7199.-. Z~44~l~~ Wotery P a -r Noln~ul 8"01 I<olt1y A rOllny. NO',I'Y PubIc Con'lf) Hill l](jlll, (.lllr,l)\"tl;1lld (',ou~ Mv{~)lI\r1\'l)slon f_)Pf~"iJI1l1f) 14, 1001 iOII, P8Ms)1VUnki~;iIGi-cit . LAW OF/'CEB OF IlIIT" A, ILANIl 3.481 ~iI~1t SI, SUll' j();) C""PHIH, PII 17011 JOllont: (7I7) 737.:/e70 ,. . ,10HN M. MCBR IDE, PlaintHf [N THE COURT OF COMMON PLmAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 663 civil 1994 v. LORRAINE A. MCBRIDE, Defendant IN DIVORCE P[,AIN'l'IFF' S AFFIDAVI'r OF CONSENT AND ~AIVER OF NOTIGE OF INTENTION TO REOUEST EHIRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint In rlivor~~ u~rl~r Ae~tion 330L!c) of the Divorce Code was filed on ~ebluary 14, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety dayo have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clai them before a divorce is granted. 5. I understand that I will not be divorced until a divorc decree is enter~d by the Court and that a copy of the decree wil be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit true and correct. I understand that false statements herein made subject to the penalties of 18 . C. S. Section 4904 relating to unsworn falsification t u ho tie DATEDI__OciJ8 'r~6- e, Plaintiff SAlOIS, GUIDO, SHUff' .a MASLANf) 1~ w. Hlah 5'"'' C"II.I., PA I i I tl1 I' ar are ',. C\l '.. h-: 0# I..,; .,. "I If. :1:J.i ,', ~~;I .- ,'. .. ~r: -.J: 'l~i ~( N ;i'J I I\.:: J'",j,l ,. , Ii'l ~,; lId:! r:. ~l: d ~5 ~'7l " I' , Ii I' I , ' " , , , , ."'it t'" i'"I" I, ''''Jt~..!'''t- I, " .'11;' . . jo'ol,,'o'brldl,l9r IIPARATION AGRIIMINT PRIOR TO DIVORCI BITWIIN JOHN M. MCBRIDI, JR. AND ~ORRAINI A. MCBRIDI THI' AGRIIMINT made and concluded this~~ day Of~, 1996, by and between JOHN M. MCBRIDI, JR. of 104 Saint John Road, Shiremanstown, Cumberland County, Commonwealth of Pennsylvania (hereinafter refer.red to /IS "Husband") and ~ORRAINI A. MCBRIDlof 844 Bos ler Avenue, Lemoyne, Cumber land County, commonwealth of Pennsylvania (hereinafter referred to as "Wife"). I I WITNII.ITHI WHIRIAI, the parties hereto are husband and wife, having bften married on November 5, 1988, in Cumberland County, Penneylvania. NHIRIAI, diverse unhappy dif.ferences, disputes and difficultiee have arisen between the parties and it is the present intention of HUlband and Kife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of ~ettling 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 past, present, and future support and/or maintenance, alimony, counsel fess and cOUts of Nife by HUlband of HUlband by Nife; the settling of all matters between them relating to the equitable division of marital property; the settling of their reopective rights and obligations of the custody, visitation, support and maintenance of their children; and, in general, the settling of any and all claims and possibls claims by one against 1 . . . the other or "HIRIA', fault divorce PennsylvanJ.a NON, THE mutual promie. and for other hereby acknow "Ue, each int as follows I 1.11 t their respective estatee. ,) lart!eo intend to llecure a mutual conllllnt, no- I' ~nt to the provisions of Section 330l(c) of the 'I' 0 Code of ~900, as amended. <)Ill:, in consideration of tho premises and of the (', venants and undet'takings hereinafter Bet forth ,d Ind valuable consideration, receipt of which ill g,"1 by each of the parties hereto, H",aband and i h J to be lega lly bound heroby, covenant and agree 1. UJY I~' ,rOT PRIDJCATID ON DIVORCI It is sp. f.1, ally understood and agreed by and between the parties heretc ld loch of the said parties does hereby warrant and represent to ' :her, that the execution and delivery of this Agreement is ~ Pi Jdic8ted upon nor made subject to any agreement for the inst It I In, prosecution, defense, or for the non- prosecution, ( n,.,,-defense of any action for divorce I provided, however, that ~h'~g contained in this Agr~ement shall prevent or preclude eithc d.he partios horeto from commencing, instituting or prooecutin~ '\y lction or actions for divorce, either absolute or otherwise, )~ just, legal and propor grounds I nor to prevent eithet" party f ,1 ,) lfending any such action which has been, mayor shall be insti to' by the other party, or from making any just or proper defense Ie, 'ItO. This Agreement shall remain in full force and effect re~ 1, ss of any change in the marital status of the parties. It i ~~, rantod, covenanted, and represented by Huaband and NUe, e/lcl .t tho other, that this Agreement 1s lawfu 1 and I I I 2 I' . . enforceable and this warranty, covenant and representation is made for the specific purpooo of inducing HUlblnd and "ite to eXecute the Agreement.. HUlband and Wife knowingly and understftndingly hereby waive any and all possible claims that this Agreement is, for any t'eason, i 11 egal 01', for any t'oaoon whatsoever of public policy, unenforceable in whole or in part. Huaband and Nit. each do hereby warrant, covenant and agroe that, in any possible event, he and she is and shall forever be estopped from aUliIrting any illegality or unenforceability as to all or any part of this Agreement. 2. I"ICT 0' DIVORCE a) The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. b) It is specifically agreed that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regardsd as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on tho part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof, but each party hereby agrees not to assert any such acts, disputes or unhappy differences in any action or actions for divorce, 3 i t I ) I' 'I I \ 'I 1 I) t ' ) I I \ t' II j , / I t I j I ~ 11, I J I i,' IiI I) I, I ' I " I I I '.! , I III \ It, \ I iI 1 l'tlll:)I'lll I II'! ! ,1111 t ,j]I}I)) I I', J. P}\'~'ti qt' [';Xt;ClI'nQN it) 'l'hl,1 "r,l.lt I' 1)1 Ilt:<'UI'Ut 11111" Ill: "I!XOI:UL.l.UIl 1,lototl of chu A'FllI'III"I)! Ii 1\0:1 I I Illl dul. \'111.<1 0111 '-11<) dalu 1I[l<ln whicl1 I.t .I.ll ol(<lCIII"d by I h.j l"ll.'lio" \.1. thoy havl! odeh oxocutod tho Aql'.'OtJll1lll)t 1)1) 1 ho lldJIlH diiL(). Othol'wi.no, thl!) IIdato of 11XOClIt.!OIl" 'JI" "'I:<'j':lItioll dntll" of tl1l.n A'IrnolllOnt fJha1l bo dol. 1.11<1<.1 'Iii ':h<l d<l' " of Ol(Of.'lItl.on by t.ho p/Jrty last llxccut.ill'1 'ho I\'Jl'<IlJlIlollt. b) 'rhl! "datl! of I.lOIHIT."nt..l.on" or "fJeparat.\.on dato", at wh.\.ch t.J.11\1l the pardon bOCjan to lIvo 80parate and apart, walJ nnd \.fl Sopt<JlIlbor 1, 1994. . . ~BIDY~~_Q.t.L.P.A'l;',,~ Not:withstf.llldl.nq tho dilte of ~'xocut.\.on of this Agroement as aforesaid, tho t,'anol.or of property, funds and/or documents provided fot' IWl'<jl.n nhn 1.1 on\ y t.akc p1.ilC(l Oil t.ho "d.\.strJ.bution date" which fJlwll he donnod ill3 the th.\.l.'tJl!th (30th) day following the oxocut 1.011 of t.ho l\(jI'C1jI1l0Ilt, IllaX.\.IIlUm, with J:'f3l.lpoCt to tho part.\.es l11l1'jOU othurw.\ne npec.\.f:.\.l1d hereJ.n. Howover, the 1311pport/mu.\.lltollilIlCO pilym(jnU" .\.f: nny, provided for .\.n th.\.e Agreoment shall tuke effect no Bot forth in th.\.s I\grooment. B . f1iBIi9M~~ IU.9JJl'J? Wife nnd Husband began to l.I.ve separate and apart on the date of fJepaHltlon, Ilnd lllilY and nlwll cont.\.nlle at all t.\.mes hereafter, to Uve 'Hlpill'iltf! MId apart.. 'rhey have been sJ.ncCl the date of sepat"aU"on und ohuJ.l be free from any contr.ol, restraint, .\.nt.erf:erenco or authority, d.\.rect or indirect, by the other in all 4 , ' respects as fully as if they were unmarried. They have resided and may reside at euch place or places as they may select. Each did from the separation date and may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profeseion or employment which to him or her did or may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each ot.her or the lespective families or each other nor compel or attempt to compol tho other to cohabit or dwell by any means in any manner whatsoever with him or her. e. MUTUAL RILIASI a) Husband and "Us each do hereby mutually remise, release, quitclaim and ~orever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereinafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the natUre of dower or curtesy or widow's or widOWer'S rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the Ipoule's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of B surviving spOUse to participate in a deceased 5 , ' . spouse' a eatate / whather llr iaing under tha law of (a) Pennsylvania, or (b) any State, commonwealth or territory of the United States, or (c) any other Country, or the right to act aa Administrator, Executor, Adminiatratrix, Executrix of the estate of. the other I or any rights which any party may have or any time hereafter have for past, present/ future aupport or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising aa a reault of the marital relation or otherwise I except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for brsach of any provision hereof. It is the intention of HUlband and Nif. to give each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other ha& owned since the date of separation, now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arieing or which may arise under this Agreement or for the breach of any provision hereof. b) 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 settlement and satisfaction of any and all of their rightB against the other or any past, present and future claims on account of support and maintenance I that it is specifically understood and agreed that the payments, 6 , tranllfers and othor oonsiderations herein recited .0 comprehend and discharge any and all such claims by each other against the other, and are, .inter al1a, in full settlement /lnd satisfaction and in lieu of their past, prellent and future claims against tho other on account of maintenance and support, and also alimony, alimony pend~nto lito, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of pennsy 1 vania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner wha~soever. 7. RILIASI 0' TISTAMINTARY CLAIMS Except as provided for in this Agreement, each of the parties hereto shall have tho right to dispose of his or her property by last will and testament or otherwise, and each of them agreeB'that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's wills or against each other's entates in any respect whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiar ies of each. Ei ther party may, however, make such provision for the other as he or she may desire in and by his or 7 her last will and t.estament; and each of the parties further oovenante and agrees that he or she will permit any will of the other to bs probated and allowed administration; and that neither Hu.b.nd nor Wife will claim againet or contest the will and estate of the other. Each of the parties hereby releaBes, relinquisheB and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 8. PIR.OHAL PROPERTY The parties make the following distribution with reepect to their personal property effective upon execution of the herein Separation Agreement! a) Nif. hereby remises, releases and quitclaim. to Hu.band, his heirs and assigns forever all her respective rights, title and interest in the 1992 Ford Explorer. Husband hereby agrees to accept all responsibilit.y for the maintenance, financing and insuring of said vehicle. b) Husband hereby remises, releases and qui tc laims to "if., her heirs and assigns forever, all his respective rights, title and interest in the 1990 Nissan 240 sx. "if. hereby agrees to accept all responsibility for the maintenance, financing and insuring of said vehicle. c) The parties hereto further agree that they have already divided to their mutual satisfaction any and all 8 . " other personal property whether held in the sole name of the respective party Qr jointly, including, but not limited to, stocks, bonds, bank accounts (checking and savings), financial instruments, and jewelry. I) . I\IA~ PROPIIRTY With regard to the real property of the marriage, namely 844 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, t~e following is the understanding between the partiesl a) ,",11. shall be in sole possession of the above- referenced real property. It shall be the rosponsibility of Wife to pay for all expenses arising out of or related to the r~al property including but not limited to the mortgage, all utilities and maintenance. Nife will be responsible for the outstanding property tax as of the execution date of this Agreement. 10. IMP~YMINT AND RITIRIMIINT BIIBII'IT. Huaband and Nif. relinquish and waive sll right, title, claim or interest either may have in the employee benefits of the other, including but not limited to stock options,' retirement plans, peneion plans, IRAs, and HUlband' I retirement through his employment. Both parties agree to sign any releases that may be required to effect his or her renunciation of any interest in the other party's retirement plan. 11. DUD Each of the parties hereto promises, covenants and agrees that each will now and at all times hereafter save harmless and keop the oth~r or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, 9 ~nd from all actions, claims and demands whataoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims o~ demands. Neither party shall, after the date of this Agreement/ contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save ha~mles6 the other from any and all claims or demands made against her or him and from all costs, legal costs and counsel f~es unless provided to the contrary herein. 12. CHILDRIN No children were borne of this marriage. 13. INCOMI TAX INDEMNIFICATION Hu.ban4 and Wif. did execute and file and shall execute and file eeparate Federal (and State) income tax returns for the 1994 tax year and all tax years thereafter. The parties agree that each will be solely responsible for and hold the other harmless from any and all contingent or other liabilities on joint income tax returns previously filed by the parties for which such additional liabilities are found to be attributable to such party's misrepresentations or failures to disclose the nature and extent of such party's income on the previously filed tax returns. 1.. WARRANTY AS TO FUTURI-9BLIGATIONS Hu.ban4 and Wife oach covenant, warrant, represent and agree that each will now and at all times he~eafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the separation date, except as may be otherwise provided for by the terms of this Agreement and that 10 . neither of them shall heroafter incur any liability whatsoever for which the other or estate of the other may be liable. 115. COUN"~ 'I". AND J:gJD HU8band and NU. lla9h aqree to pay and be responsible for their own attorneys' fees and costs incurred with respect to the negotiation of this Property Settlement Agreement and the divorce proceedings related thereto, 16. COUNSI~ FEI~g ~XPIN'IS FOR INrORCIMINT, If either party breaches any provisions of this Agreement, tbe other party shall have the right, at his or her election, either to sue for specific performance or for damages for such breach. In addition to any damage award resulting from such legal proceedings, the prevailing party shall be entitled to collect reasonable COlts and expenses, including court costs and reasonable attorneys' fees, incurred by the other in enforcing his or her rights under this Agreement., whether enforcement is ultimately achieved by litigation or amicable resolution. 17. )fAIVIR 91\ MODU'ICATIOI, TO BIl IN NRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both of the parties and the modification or waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. 18. LAWS OF '.""SYLVANIA A"~IC~B~I This Agreement shall be construed in accordance with the laws of the Commonwealth of Ponnsylvania which may from time to time be in effect. 11 , . 19 . ~ORIIMINT BJ.tfIU.l1G UPON JII.l8I This Agreemont shall be binding upon and shall inure to the benefit of the partios hereto and their respective heirs, executors, administrators, successors and assigns. 20. INTIGRATION This Agreoment constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations of warranties other than those expressly set forth herein. 21. OTHIR DOCUMENTATION Huaband and Wife further covenant and agree that they will forthwith (and within at least ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel (if any) shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 22. NO WAIVIR or "'>>llAYJ1l This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same' or similar nature, nor shall it ~e construed as a waiver of strict performance of any other obligation herein. 12 ., , ., , 23. ,IVIRABILITY 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. 2.. HIADING. NOT PART or AGRIIMINT Any headings preceding the text of the paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 215 . IfARRAHTY Both Hu.band and Nife acknowledge that this Agreement ie fair and equitable and is not the result of any fraud, duress or undue influence exercised by either party upon the other or by any other person or persons upon either. The provi.ion. of this A9r...ent and their le911-,ffeQt h~e been fully explained to the parti.. and eaQh party aQknowle4ae. that he and .he have reoeived or have had ~he oDportunity to reoeive indeDendent le9al advioe from coun.el of hi. or her .eleQ1!9>>. Both parties acknowledge that they have a full and complete understanding and knowledge of all their joint and individual assets, wealth, earnings, liabilities and elltatG, and that this Agreement is entered into with the full and total knowledge of the financial status of the parties hereto. 215. DX8CLO.UI\I Hu.band and Wife assert that he or she has made a full and complete disclosure of all the real and persona! property of 13 .. , . . , . . whatsoever nature and wherefJ()(j~e" located belonging in any way to each of them, of all sources and amounts of income receivod Qr receivable by oach party, and every other fact relating in any way to the subject of this Agreement. These disclosures are a part of the cons,ideration made by each party for entering into this Agreement. IN NITNISI WHIRlO', and intending to be legally bound hereby, the parties hereto have hereunto set their handa and seals the day and year first above written. This Agreement is executed in . duplicate and each party hereto acknowledges receipt of a duly ';?l;;;;; 'lfitness ~/) i ~' . I' , {cawe<--v W ~~(fd~~ (SEALI '/' . (' "1/(;/./ '/ ~L' Ct.-~h.-'-- ..' .0' 7.Acz,qSEAL) ,,',4'orraine A. McBride '--'" COMMONWEALTH OF PENNSYLVANIA COUNTY OF d .-.IJ,~ J.-.. .! S S On this, the ~",J. day of /t"",.".t , 1991l, before me the underaigned officer, pursonallY appeared John M. McBride, Jr.: who' acknowltldged that he eltecuted the foregoing inlltrument for the purpoaes therein contained. IN NITNI88 NHIRlOr, I have seal. hereunto set my hand and official ~jJ#( My Commission ExpiresIJ,,/I., /()II'J~' 14 NOlnrl,,1 :'l.,~' Raben J. Or,lrl. r.'ll'r/ r")~lIo .~~~(ln Tv",., (;\IPII):-,i::'/l0 COllr'lry ...~""mmIIGIOn~'!"',,;JoJ:f 10, IO~O I' r. " ~;,~""" I '.', , " . l d ~. C., b' ,'-, .'- " . , .. , .~ U.JI ('J , ; " l,J' 1':,1 n ", ., ell I , '" ,t, I" , . -. ;0 (, .' "cI! l. ," , .' , , ',i I' II" ;,~ ., " 1..' In 'I ,I " , Ii II! , , " I' " " , , " , " , " J I , . , ,. . SAIDI8, GUIDO, SHUFF .a MASLANf) 16 W, HI.h 51m' CIIIII.I"PA I " , , ". JOHN M. MCBRIDE, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 663 Civil 1994 v. 'LORRAINE A. MCBRIDE, Defendant IN DIVORCE DEFENDANT'El A~'FIDAVIT QF.. CONSENT. ACCEP'l'~CE OF SERVICE AND WAlVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33Ql(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the nivorce Code was filed on F~btua~y 14, 1994, 2, Defendant acknowledges and accepts service of the Complaint on 3. The marriage of Plaintiff and Defendant is irretrievabl broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice, 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clai them before a divorce is granted. 6, I understand that I will not be divorced until a divorc decree is entered by the Court and that a copy of thA decree wil be sent to me immediately after it is filed with the Prothonotary, 7. I have been advised o[ the availability of marriage counselling and understand that I may request that the court require counselling. I do not. request that the COUL't require counsell ing, I verify that the statements made in this affidavit are tru and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating t unsworn falsification to authorities, bATEDI_ /,JJ~) /9(. ~l..l 1,"" III (L IN '1.3t.;" {(, f Lorraine A, McBri~ Defendant h I :'{\ ,/ . 1 , r , I" j /. I J, !Or " 1'1 " 'i "I Ii J 1 I' ':, " , 'I i" , \ I " , , !I ,'j " , '-,I "I' V.'I;. " I. \1,)('. (,1; I'.' 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