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HomeMy WebLinkAbout02-3183REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff THOMAS F. MARTIN, CAROLYN ANN MARTIN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07. lg : CIVIL ACTION - LAW : 1N DIVORCE 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 nmst take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, 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 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff THOMAS F. MARTIN, CAROLYN ANN MARTIN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O&- 31 3 : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las p~iginas signientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede set emitado en su contra por la Corte. Una decisi6n puede tambitn set emifida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usW. d puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales est~ disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEYAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE A~torney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff THOMAS F. MARTIN, CAROLYN ANN MARTIN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ool- ~/f,5 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Thomas F. Martin, an adult individual who currently resides at 1603 Market Street, Suite A, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Carolyn Ann Martin, an adult individual who currently resides at 475 Counuy Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 1 4. The Plaintiff and Defendant were married on September 23, 1988 in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this marriage. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff beheves that Defendant may also file such an affidavit. 2 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully Submitted, REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff 3 VERIFICATION I, Thomas F. Martin, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. ~ Martm7 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff THOMAS F. MARTIN, Vo Plaintiff CAROLYN ANN MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3183 : : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF SERVICE I, Debra Denison Cantor, Esquire of REAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Carolyn Ann Martin, by Certified Mail, Restricted Delivery on the 20t~ day of July, 2002 as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a tree and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Carolyn Ann Martin 475 Country Club Road Camp Hill, PA 1701: Attorney I.D. No. 66378 2331 Market Street Camp I-Iii1, PA 17011-4642 Telephone No. (717) 763-1383 I MELISSA KAIN I~J.REAGER & ADLER, PC I ,a~31 MARKET STREET I Leap HILL, PA 17011-4642 I~. Article Number I 7111 'I,"~I.IL 31. nn I;ll l ///l! /I /I H 7111 1746 2100 0000 82i65 1. A~ticle Addressed TO: CAROLYN ANN MARTIN 475 COUNTRY CLUB ROAD CA'MP HILL PA 17011 EXHIBIT "A" THOMAS F. MARTIN, CAROLYN ANN MARTIN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3183 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 ff 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 inanediately 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. DATE: THOMAS F. MARTIN, CAROLYN ANN MARTIN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3183 : CIVIL ACTION - LAW : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDEI~ ~} 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal 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 clahn 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 unswom falsification to authorities. THOMAS F. MARTIN, CAROLYN ANN MARTIN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3183 : : CIVIL ACTION - LAW : : IN DIVORCE July 3, 2002. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on The marriage of Plaintiff and DefEndant is irretrievably broken, and ninety (90) days have elapsed from the date of the f'ding and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Carolyn Ar~ Martin THOMAS F. MARTIN, CAROLYN ANN MARTIN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3183 : CIVIL ACTION - LAW IN DIVORCE Ju~ 3,2002. 2. .AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: THOMAS F. MARTIN, CAROLYN ANN MARTIN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3183 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 20~ day of July, 2002, by certified mail, return receipt requested, receipt number 7111 1746 2100 0000 8265. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Thomas F. Martin, Plaintiff, on November 1, 2002; by Carolyn Ann Martin, Defendant, on November 4, 2002. 4. Related claims pending: Settled by Agreement dated June 17, 2002. Prothonotary: Prothonotary: Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the November 7, 2002 Date Defendant's Waiver of Notice in § 3301(c) Divorce was fried with the November 7, 2002 Respectfully submitted, RBAGER & ADLER, PC Debra Denison Cantor, Esquire I.D. No. 66378 2331 Market Street Camp Hm, PA 17011 (717) 763-1383 Attorneys for Plaintiff MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this \~) day of ~,~X~ , 2002, by and between Carolyn Martin (hereinafter "WIFE") and, (hereinafter "HUSBAND") Tom Martin; WI TN E S S E T H: WHEREAS, the parties hereto were married on September 23, 1988 in Camp Hill, Pennsylvania; and WHEREAS, the parties have no children of this marriage, to wit; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is unrepresented. HUSBAND is represented by Debra Denison Cantor, Esquire of Reager & Adler, PC. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievable broken. Husband shall file for a no-fault divorce in the future. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree upon expiration of the ninety (90) day waiting period. This Agreement shall remain in full force and effect until and after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this 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 this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right 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 a surviving spouse to participate in a deceased spouse's estate, whether arising under the Page 2 of 11 laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the ioint owners of real property located at 475 Country Club Road, Camp Hill, Pennsylvania. The parties agree that the value of this home is One hundred sixty- five thousand ($165,000.00) Dollars. It is agreed that Wife shall retain the home. From the date of execution of this agreement forward, Wife shall be solely responsible for all costs and Page 3 of 11 expenses associated with this property including but not limited to the mortgage, utilities, insurance and taxes. The current mortgage value is Ninety-eight ($98,000.00) Dollars. Within 60 days of the execution of this agreement Wife shall refinance the marital home or otherwise remove his name from the mortgage. Upon refinancing, Husband shall execute a deed transferring his interest in the home to Wife. In the event that Wife is unable to refinance or otherwise remove Husband's name from the home within 60 days, the house shall be sold and Wife shall be entitled to retain all proceeds thereof. The parties own no other real property. 8. VEHICLES. Husband and Wife are the owners of a 1996 Lincoln Mark VIII. The parties agree that the value of this vehicle is Fourteen Thousand Seven Hundred ($14,700.00) Dollars. The vehicle is currently encumbered by a loan in the amount of Ten Thousand Five Hundred and eighty-five ($10,585.00) Dollars. The loan is jointly held. Wife shall retain this vehicle and Husband hereby agrees to waive any right, title or interest he has in this car. Wife agrees to refinance this loan within 60 days from the execution of this agreement. Husband is the owner of a 1985 Oldsmobile Cutlass/422, a 1985 Cadillac Seville, a 1972 Chevrolet Corvette, a 1967 Oldsmobile Cutlass, and a 1951 Mercury Sedan. The 1972 Corvette, 1967 Oldsmobile Cutlass, and the 1951 Mercury Sedan were owned prior to the marriage. It is agreed that the 1985 Olds shall be valued at Six Thousand ($6,000.00) Dollars, the 1985 Cadillac at Two Thousand Five hundred ($2500.00) Dollars, the 1972 Corvette at One Thousand Five hundred ($1,500.00) Dollars, the 1967 Olds at One Thousand Five hundred ($1,500.00) Dollars and 1951 Mercury at Five Hundred ($500.00) Dollars. Husband shall retain these vehicles which are not encumbered by any debt. Wife hereby agrees to waive any right or interest she may have in these vehicles. The parties agree to execute any and all documentation that would be necessary to transfer the interest in the vehicles within ten (10) days of the request to do so. 9. INVESTMENTS. The parties are owners of 542 shares of Cola-Cola Common Stock, located in a Solomon Smith Barney account # 724-02275-17 790. The parties shall equally divide the shares in this Page 4 of 11 stock within thirty (30) days of the execution of this settlement agreement. Both parties agree they shall execute any and all documentation necessary to effectuate the transfer. Wife is the owner of 300 shares of Rite Aid Common Stock, ($2,511) 113 shares of Hershey Foods Common stock(S6,852), and a money market fund with Solomon Smith Barney #724-00275-17790 ($193.00). Husband hereby agrees to waive any interest he may have in said shares and the money market account. Husband is the owner of Fidelity Asset Manager, account #2AT-993700 of $13,592.79 , American Washington Mutual Investors, Account # 62413530 of ($4,170.00) and a Prime Capital Reserve account BMA-199788 ($527.35). Wife hereby waives any right, title and interest in which she may have in said funds. 10. DEBTS. Husband is the debtor on a MasterCard Account #5491 4920 11248642. Husband shall be solely obligated for the balance on this card and shall indemnity and hold Wife harmless from said debt. Wife is a debtor on the following accounts: a. Citibank Mastercard b. Chase Mastercard c. First Visa d. Capital One Visa e. Bon Ton f. JCPenney g. B. Moss h. Victoria's Secret i. Bombay Co. j. Boscov's k. Pier 1 5410-6584-4349-1509 54834103-8051-1556 4417-1223-0237-1910 4305-7217-5671-1029 051-157-279-060 198-311-335-62 6011-7251-0355-1129 296-121-817 504-817-835-793 2044-711-26 318-218-4760 Wife shall be solely obligated for these debts and agrees to indemnify and hold husband harmless from said debts. Wife shall refinance or otherwise remove husband's name from any and all debt on which appears no later than sixty (60) days rom the date of this agreement. Page 5 of 11 If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the 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 he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 11. RETIREMENT BENEFITS. WIFE is the owner of a the following accounts: SSB IRA account #724-66224-14 790 with a value of approximately $1874.00, Solomon Smith Barney Account Number xx98-77302 with a approximate value of $904.00 and a PMSLIC 401 (K) with a estimated value of $11,000.00. Husband hereby waives any interest he may have in said retirement accounts. Husband is the owner of the following retirement accounts: American Funds account 62413530 with an approximate value of $12,026.00, Growth Fund of America, account # BMA- 487414 with a approximate value of $14,722.00, Small Cap World Class, account # BMA- 487414 with a approximate value of $8,886.00, Washington Mutual Investors, account # 62413530 with a approximate value of $13,047.00,/Contrafund account #5513919914 with a approximate value of $11,873.00, Evergreen Equity Trust account 5513919914 with a approximate value of $2105.34, IDS Strategy Aggressive account 0931017942000004 with a approximate value of $11,982.80. The IDS account was owned prior to marriage with a pre marital value of $3,275.00. Wife hereby waives any right, title or interest in the above retirement accounts and will execute any and all documentation necessary to effectuate such waiver. Page 6 of 11 The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 12. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. Any bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 13. PERSONAL PROPERTY. The parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 14. EQUITABLE DISTRIBUTION. The distribution outlined herein purports to provide for a 50 % division of the assets as outlined in Exhibit "A'. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or discharge able, Page 7 of 11 regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or discharge able. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: Page 8 of 11 (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. 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. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. 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. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. Page 9 of 11 This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof.~ ?~itness ss ' Caro~n Martin~, Page 10 of 11 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF (~)0~,~, ~M, 7'~ :SS. : On the \ p'~ day of ".k~,n ~ , 2002, before me, a Notary Public in and for the Commonwealtl~ of Pennsylvania, the undesigned officer, personally appeared , known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF COUNTY OF ~..'4.c4..' On the tfl~yX~ublic - My ~,,~nission Expires: : :.SS. : day of ,2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary ]/ublic My Corhmission Expires: through . HUSBAND hereby specifically agrees to maintain these life insurance policies until the parties' minor child reaches the age of 18 and graduates from high school. HUSBAND agrees to name WIFE as the irrevocable beneficiary on said life. Notarial Seal Monica D. Zorchcr, Notary Public Camp Hill Bom, Cumberland My Commission Expires Jan. 14. 2006 Member, peflnsylvanla AssOciation of Notafles Page 11 of 11 THOMAS F. MARTIN VE~RSUS CAROLYN ANN MARTIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ST,a'FE OF PENNA. NO. 02,3183 DECREE IN DIVORCE ~..,¢:~L: 2tD AND NOW~ ,~I~, IT IS ORDERED AND DECREED THAT THOMAS F. MARTIN AND CAROLYN ANN MARTIN ARE DIVORCED FROM THE BONDs OF MATRIMONY. __, PLAINTIFF, , DEFENDANT, 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; The terms of the parties' Marital Settlement Agreement dated June 17, 2002 and attached hereto are incorporated herein but not merged herewith. ~__ UPROTHONOTARy'