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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ,* PENNA,
SANDRA T, FLECK,
Plaintif f
N I), 9.4.~.4.~7.~L "..G~.YU, 'l'BRM
\'l'I':-\ll;;
RICHARD L, FLECK, SR"
Defendant
DECREE IN
DIVORCE
ANDNOW,....~.4.....?:-'1..., 19.9~..., It Is ordered and
decreed that. . . . . ?AND~A. .'1': . F.LECK.. ......................., plaintiff,
and . . . . . . . . . . . . . . I~H~H.ARD .L '. F'r.,E.CK, s.~ '. . . . . . . . . . . . . . . . . " 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 0 final order has not yet
been entered; \U)~
.T~~. ~lt~a~IH~d. a9.reeme.nt. be.tw~er. .the paJ;'ties .dfl.t"9. ~l.~Y. .1.2.,.. )9.9.~ is
.incorpora..t.ed. but. tlot. .m<.lrg.od. in.to. this. D,l.\lOrc,{.o(\)creo. . . . . . . . . , . .
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SANDRA T. FLECK,
Plaintitf
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 94- '/)"11 CIVIL TERM
IN DIVORCE
vs.
RICHARD L, FLECK, SR.,
Defendant
NOTICE TO DEFEND AND CLAIM RJGHTS
You have been sued in Court, If you wish to defend against the
olaims set forth in the following pages, you must take prompt aotion,
You are warned that if you fail to do so, the case may proceed against
you and a decree in divorce or annulment may be entered against you by
the Court. A jUdgment may also be entered against you for any other
olaim 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 with your children,
Whon the ground for the divorce is indignities or irretrievable
breakdo\ln of the marriage, you may request marriage counseling, A list
of marriage counselors is available in the Office of the Prothonotary
at the Cumberland County Courthouse, CarliSle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PRO~ERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF 'rtIEM,
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,
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371
I; (!
By: 1v,,({-(jtJ '
Andrew C, Sheely,
PA, 1.0, No, 62469
5 West Main Street
Shirernanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff
SANDRA T. FLEC~,
plllintitt
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v..
RICHARD L, FLEC~, SR.,
Defendant
NO, 94- '/.} N CIVIL TERM
IN DIVORCE
COMPLAINT
1, Plaintiff is Sandra T, Fleck, who currently resides at 888
Emily Drive, Mechanicsburg, Cumberland County, Pennsylvania,
2. Defendant is Richard L, Fleck, Sr., who currently resides at
345 9th street, New Cumberland, Cumberland County, Pennsylvania,
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months immediately
previous to the filing of this Complaint,
4. Plaintiff and Defendant were married on March 24, 1956, at
Harrisburg, Pennsylvania.
5. There have been no prior actiolls of divorce or annulment
between the parties,
6. Plaintiff has been advised of the availability of marriage
counseling and understands that she may have the right to request that
the court require the parties hereto to participate in counseling,
7. Plaintiff avers as the grounds upon which this action is based
is that:
(A) That the Defendant has offered such indignities to the
Plaintiff, the injured and innocent spouse, as to render her condition
intolerable and life burdensome or, in the alternative;
(B) That the marriage between the parties hereto is
irretrievably broken and that the Plaintiff and Defendant have lived
..parate and apart since March 1, 1994 or, in the alternative,
(C) That Plaintiff and Defendant are now living separate and
apart and, at the appropriate time, Plaintiff will submit an Affidavit
alleging that the parties have lived separate and apart for at least
two (2) years and that the marriage is irretrievably broken,
WHEREFORE, Plaintiff requests your Honorable Court to enter a
decree in divorce divorcing Plaintiff and Defendant absolutely.
COUNT I. EOUITABLE DISTRIBUTION
8, The allegations in Paragraphs 1 through and including 7 are
incorporated herein and made a part hereof,
9. Plaintiff and Defendant have legally and beneficially acquired
marital property, both real and personal, during their marriage from
March 24, 1956 to March 1, 1994,
10. Plaintiff and Defendant have been unable to agree as to the
equitable division of said marital property to the date of the filing
of this Complaint.
WHEREFORE, Plaintiff requests your Honorable Court to equitably
divide all marital property pursuant to Section 3501 and 3502 of the
Divorce Code prior to the entry of a final divorce decree,
QQQliT II, ALIMONY
11. The allegations in Paragraphs 1 through and including 10 are
incorporated herein and made a part hereof,
2
12. Plaintitt lacks sutticient assets, income and benetits to
provide tor her reasonable means and support tollowing the entry ot a
divorce decree.
13, Plaintitt requires reasonable alimony to support her..lt
tollowing the entry of a divorce Decree.
WHEREFORE, Plaintitf requests your Honorable Court to enter an
award ot alimony upon the entry of a divorce decree pursuant to Section
3701 ot the Divorce Code,
COUNT III. ALIMONY PENDENTE LITE
14, The allegations in Paragraphs 1 through and including 13 are
incorporated herein and made a part hereof,
15, Plaintiff requires reasonable support to adequately maintain
herselt prior to the entry of a final Divorce Decree,
16, Defendant's financial position is far more superior than
Plaintitt's financial position,
WHEREFORE, Plaintiff requests that this Honorable Court preserve
her. right to seek an award of reasonable, temporary alimony and addi-
tional income as may become necessary from the time hereafter until a
tinal hearing and permanent alimony award thereafter,
COUNT IV, COURT COSTS AND COUNSEL FEES
17, The allegations in Paragraphs 1 through and including 16 are
incorporated herein and made a part hereof,
18, Plaintiff has retained the services of Andrew C. Sheely,
Esquire to protect her interests in the above-captioned matter.
3
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 94- CIVIL TERM
IN DIVORCE
SANDRA T. FLECK,
Plainti I!t
RICHARD L. FLECK/ SR"
Defendant
ArrIDAVIT
SANDRA T, FLECK, being duly sworn according to law, depo..s
and says:
(1) I have been advised of the availability of marriage
counseling and understand that I may request that the Court require
that my spouse and I participate in counseling,
(2) I understand that the Court maintains a list of marriage
counselors in the Domestic Relations Office, which list is available to
me upon request,
(3) Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a
Divorce Decree being handed down by the Court,
I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S,A, section 4904 relating to unsworn falsi-
fication to authorities,
J:a~<!I- j.-j .ltd0
Sandra T, Fleck
SWORN to and subscribed ~efore
me thJs .;J"CA day of _ !-)~u;.t- ,
C !t7Jt;/)./y' {? ().(j/)/M~
Notary publW'
My Commission Expires:
1994,
NOTARIAL SEAl
WHnlNr J. BARRA, NOTAIlY PUBlIC
SHlMMANSTOWN BORO, CUMBERLAND CO ~
MY COMMISSION EXPIRES SEPT. 9, 1995 .
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v..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-4279 CIVIL TERM
IN DIVORCE
SANDRA T. FLECK,
Plaintiff
RICHARD L, FLECK, SR.,
Defendant
Al'I'IDAVIT 01' 001l8.1I'l'
1. A Complaint in Divorce under Section 3301(0) of the
Divoroe Code was filed on July~9, 1994. I acknowledge receiving a
certified copy of the Divorce Complaint, said copy being served upon me
by certifisd Mail, Restricted Delivery, on August 3, 1994,
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the
Complaint,
3. I consent to the entry of a final decree of divoroe 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.A. Section 4904 relating to
unsworn falsification to the authorities.
DAT'~:J.r J2, mW ~ltL[4;l, Ji.
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I, Robert IlIck." II
Dlvorc. Ma.l.r
Tracl Jo III.ck
Offlc. Manag.r/Reporter
OFFICE OF DIVORCE MASTER
CUMBERI,AND COUNTY
COURT OF COMMON PLEAS
55 We5t Church AVijnue
Cerllsle, PA, 17013
(717) 240.6535
Wilt Sho,.
807,0371 Exl.8535
August 16, 1995
Andrew C. Sheely, Esquire
1 West Main street
Shiremanstown, PA 17011
Bruce A. Grove, Jr" Esquire
1513 Cedar cliff Drive
Camp Hill, PA 17011
RE: Sandra T, Fleck vs, Richard L, Fleck, Sr.
No, 94 - 4279
In Divorce
Dear Mr, sheely and Mr, Grove:
On August 15, 1995, I had an occasion to speak to both
counsel about the Fleck case, Mr, Grove called on the telephone
and Mr, Sheely stopped in the ofHce on another matter which
gave me an opportunity to raise the issues regarding the pending
hearing on Fleck scheduled for Wednesday, September 6, 1995,
Mr, Grove indicated that his client wants to proceed with
the divorce and that apparently now that a spousal support order
has been entered Mrs. Fleck will not agree to considering
signing an affidavit of consent, Mr, Sheely, however, during my
conversation with him, indicated that Mrs, Fleck also would like
a divorce and to have this matter concluded, Therefore, 1 woul.d
like to have an opportunity, either by conference cal.l or a
conference with counsel before the hearing on September 6, 1995,
to see if the track we are on with regard to having an
indignities hearing is appropr.iate in view of my conversations
with counsel,
If we can put the matter of the grounds for divorce
out of the way, perhaps we can utilize the 6th of September for
a pre-hoaring conference if counsel will file pre-trial
statements before that time, I would also request that if
grounds for divorce are not going to be at issue, then the
parties file affidavits of consent pending the final resolution
on the outstanding economic claims, The economic claims as
noted in my letter of May 8, 1995, which have been raised, are
SANDRA T . FLECK, I IN THE COURT OF COMMON PLEAS OF
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VS, I I CIVIL ACTION - LAW
I
t NO, 4279 CIVIL 1994
RICHARD L, FLECK, SR., I
Defendant I IN DIVORCE
CONFERENCE
WITH COUNSEL AND PARTIES
"
TOI Sandra T, Fleck
Andrew c. Sheely
Richbrd L, Fleck, Sr,
Bruce A, Grove, Jr,
, Plaintiff
, Counsel for Plaintiff
, Defendant
, Counsel for Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover street, Carlisle,
Pennsylvania, on the
5th
day of
Fehruary, 1996, at 9130
a,m" with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of settlement
of claims. If issues remain after the conference a hearing will
be scheduled at another date,
Very truly yours,
Date of Noticel 12/12/95
E, Robert Elicker, II
Divorce Master
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SANDRA T, FLECK.
Plaintiff
RICHARD L, FLECK. SR..
Defendant
NO, 94-4279 CIVIL TERM
IN DIVORCE
ANSWER AND COUNTERCLAIM
ANSWER
1. Admitted,
2, Admitted,
3, Admitted,
4, Admitted,
S, Admitted
6, No answer required,
ANSWER - UNDER SECTION 3301(a)(b) OF THE DIVORCE CODE INDIGNITIES
7(a), Denied, Defendant avers that it is the Plaintiff who has offered Indignities to the
person of the Defendant, and that Defendant is the innocent and Injured spouse, and that
Plaintiff has rendered Defendant's life burdensome and his condition intolerable,
ANSWER - UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE
MARRIAGE IRRETRIEV ABLY BROKEN
7(b), Admilled
7(c), No answer required,
WHEREFORE, Defendant requests the Court to deny II Decree in Divorce to the
Plaintiff under Section 3301(a)(b) of the Divorce Code,
1
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COUNT I.. eqUITABLE DISTRIBUTION
8, No answer required,
9, Admillcd,
10, Admilled,
COUNT II .- Allmo1l)'
11. No answer required,
12, Denied, It is denied that Plaintiff lacks sufficient assets, Income and benefits to
provide for her reasonable means and support following the entry of a divorce decree, On the
contrary, Plaintiff Is employed on a full-time basis and is (and has been) able to support herself
and provide for her reasonable means.
13, Denied, It Is denied that Plaillliff requires reasonable alimony to support herself
fOllowing the entry of a divorce decree,
COUNT III -- ALIMONY PENDENTE LITE
14, No answer required,
15, Denied, It is denied that Plaintiff requires reasonable support to adequately
maintain herself prior to the entry of a tinal Divorce Decree, On the contrary, Plaintiff is
employed on a full-time basis and is (and has been) adequately maintaining herself in
accordance with the standard of living established in the marriage,
16, Denied, The Defendant is currently unemployed as a recent business venture,
with which he was involved on a full-time basis, failed effective December 31, 1994,
COUNT IV -- COURT COTS AND COUNSEL FEES
17. No answer required,
2
,
18, Admitted lhat Andrew C, Sheely, E6quire i6 the Plaintiff's allorney in this divorce
action,
19, and 20, II i6 denied thllt Plllintlff Is unllble to pay the nece6sary IInd reasonable
allorneY'6 fee6 and expenses of Iiliglltion in this mailer hecllube she IlIcks suftlcient property 10
provide for the 6ame and/or lacks IIpproprillle employment 10 afford 611id coun6el fe~s and
expenses, On the COnlrllry, Plaintiff is employed on II full-time basis IInd can afford to pay her
counsel fees IInd expenses,
COUNTERCLAIM
COUNT V -- IRRETRIEVABLE BREAKDOWN
1, Plaintiff in Counterclaim is Richllrd L. Fleck, who currently resides at 345 Ninth
(9th) Street, New Cumberland, Cumberlllnd County, Pennsylvania,
2, Defendanlln Counlerclaim is Sandrll L, Fleck, who currently resides at 888 Emily
Drive. Mechanicsburg, Cumberland County, Pennsylvania,
3, Plaintiff in Counterclaim and Defendant in Counterclaim have been bona fide
residents in the Commonwealth of Pennsylvania for at least six (6) months Immediately
previous to lhe filing of this Complaint.
4, The Plainllff in Counterclaim and the Defendant in Counterclaim were married on
March 24, 1956, at Harrisburg, Pennsylvania and separated on March I, 1994.
5, There have been no prior aclions for divorce or annulment between the parties,
6, The marriage between the parties is irretrievably broken,
7, Plaintiff in Counterclaim avers that he has been advised of the availability of
counseling and that he is aware of his rights to request that the parties participate in
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IN THB COURT or COMMON PLlAS OF
CUMBERLAND COUNTY, PBNNSYLVANIA
CIVIL ACTION - LAW
NO. 94 - 4279
IN DIVORCE
SANDRA T. FLICK,
plaintiff
RICHARD L. rLlCK,
DefenlSant
BILL a. 'ARTICULAR.
In compliance with the Rule entered by the Prothonotary in
the above-captioned matter, the plaintiff submit. the following
Bill of Particulare:
plaintiff avers that in violation to his marriage vow and of
the lawe of this commonwealth, the Defendant has offerelS such
inlSignities to Plaintiff to render her condition intolerable anlS
life burdensome, leaving the marital residence and ceasing all
cohabit3tion with her, stating as follows:
1. since the late 1980'S, Defendant pursued a course Qf
conduct toward the Plaintiff which evidenced a want of affection
and sympathy for her which was continually characterized by
periods of separation, sleeping in separate beds, a general
dieconcern for Plaintiff and complete financial domination of
Plaintiff.
2. On one occasion, Defendant stated he did not love plain-
tiff and ehortly thereafter made plans to share a weekend with
another unrelated female in presence of Plaintiff,
3. In March of 1994, Defendant left the marital residence.
4. since March of 1994, Defendant has re.ided with an
unrelated female in New Cumberland, pennsylvania.
5, Plaintiff and Defendant have not slept together for
approximately eight (8) years.
6. Defendant has refused to cohabitate with Plaintiff.
7. Since 1986, Defendant has engaged in disputes with
Plaintiff concerning financial issues,
8, Since 1986, Defendant has controlled the financial
affairs of Plaintiff to her physical and financial detriment.
9. Defendant's conduct and behavior has caused Plaintiff to
suffer nervous strain, anxiety and other health concerns as a
result of financial difficulties imposed upon her by Defendant,
10. Defendant's conduct as set forth above was not induced
or provoked by Plaintiff in any way whatsoever, but, on the
contrary, the Plaintiff was industrious in advancing the inter-
ests of the Defendant, always kind, loving and affectionate
toward him, raising their family.
11. As a result of the indignities offered to her by the
Defendant, Plaintiff has been forced into complete physical and
financial i.olation which has caused nervous strain causing her
health conditions to deteriorate and rendering her life intolera-
ble, burdensome and difficult since marital difficulties arose in
the mid to late 1980's.
2
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MARITAL AORIIMIHT
THIS AGREEMENT, made this 12th day ot July, 1996, by
and between Sandra T. Fleck, party ot the first part, hereinatter
reterred to as "Wite", and Richard T.. Fleck, Sr. party ot the
.econd part, hereinatter reterred to as "Husband",
WITNESSETH:
WHEREAS, the parties hereto are husband and wife,
having been married on March 24, 1956 in Harrisburg,
Pennsylvania, separating in March of 1994/ and
WHEREAS, there has been issue of that marriage, to wit:
Riohard L, Fleck, Jr" Stephanie L, Fleck and Michelle L, Fleck,
all who have attained the age of majoritYI and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated or now
live separate and apart from one another, or contemplate living
separate and apart from one another, and the parties hereto are
desirous of settling fully and finally their respective financial
and property rights and obligations as between each other
inclUding, without limitation by specification: the settling of
all matters between them relating to the ownership and equitable
distribution of real and personal property I the settling of all
matters between them relating to the past, present and future
support, alimony and/or maintenance of Wife by Husband or of
~ ~
Husband by wifel and in general, the settling of any and all
claims and possible claims by one against the other or against
thair respactive estates,
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
marital status, particularly with respect to the relevant seo-
tions of the Divoroe Code, Act of April 2, 1980, P,L. 63, Aot No,
26, as amended, 23 P,S, 3101 et sea" and being fully aware of
their right to consult with or having oonsulted with their
respeotive legal counselor advisors, namely Andrew C, Sheely,
Esquire, Attorney for Wife, and Bruce A, Grove, Jr" Esquire,
Attorney for Husband, and having had the opportunity and ability
to request a full and complete disclosure of income and assets
from the other, and reviewing this Aqreement, have come to an
agreement as to each and all of their said matters of property
and relations I and
WHEREAS, Wife has filed a Complaint in Divorce, said
complaint being docketed in the Cumberland County prothonotary's
Office at 94 - 4279,
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
2
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1. ADVICE OF COUNSEL
Husband and Wife acknowledge that they have been given
the opportunity to obtain the advice of counsel regarding the
provilions of this Agreement and their legal effeot in advance of
the date .et forth above to permit such independent review, Each
party aoknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her
selection, and that each fully understands the facts and has been
fully informed as to his her or her legal rights and obligation.,
and each party acknowledges and accepts that this Agreement is,
and the circumstances, fair and equitable, after having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the result of any im-
proper or illegal agreement or agreements, In addition, each
party hereto aoknowledges that he or she has had the opportunity
to be 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 pos-
sessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and having the opportunity
to be fully advised if his or her rights thereunder, each party
3
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hereto still de. ires to exeoute this Agreement, aoknowledging
that the terms and oonditions set forth therein are fair, just
and equitable to eaoh of the parties, and waives his and her
re.peotive right to have the Court of Common Pleas of Cumberland
County, or any other oourt of oompetent jurisdiotion, make any
determination or order effecting the respective parties rights to
a divoroe, alimony, alimony pendente lite, equitable distribution
of all marital property, counsel fees and costs of litigation.
2, SEPARATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may from time to time choose,
3, INTERFERENCE
Eaoh party shall be free from interference, authority
and control, direct or indirect, by the other as fully as if he
or she were single and unmarried, Neither shall molest the other
or their respective families, or compel or endeavor to compel the
other to cohabit ate or dwell with him or her, or to in any way
harass or malign the other or their respective families,
4, WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband relin-
quishes his inchoate intestate right and his right to act as a
personal representative in the estate of Wife, and Wife relin-
4
( I. ..
qui.h.. her inchoate intestate right and her right to act as a
personal representutive in the estate of Husband, Each of the
parties hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
relesse, quit-claim and forever discharge the other party hereto,
hi. or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or ne,ture,
for or because of any matter or thing omitted or sufferod to be
done by said other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect
any cause of action in absolute divorce which either party may
have against each other,
5, MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
assets and property, including the following:
(A) Proceeds from the sale of the marital residence
located at 888 Emily Drive, Mechanicsburg, Upper Allen Township,
Cumberland county, Pennsylvania in the approximate amount of
$54,000.001 and
5
, " .
(B) Miscellaneous assets and liabilities in a business
operated by Husband known as Rimist corporation, trading as
Scenic Tubs, including three (3) hot tubs with a value of
approximately $3,000.00 each, and a 1987 Ford ~conoline
Box/Cube van with a value of approximately $4,000,00.
(C) Wife's Pennsylvania state Employees Retirement
system retirement plan with vested contributions equalling
$6,336.22 as of June 30, 19951 and
(D) Miscellaneous Personal Property, including motor
vehicles and cemetery lotsl and
(E) Miscellaneous marital and non-marital giftsl and
(F) Miscellaneous credit card debts.
Husband and Wife acknowledge that they are aware of
their respective rights pursuant to the Divorce Code of 1980, as
amended, to obtain formal valuations or appraisals of the marital
residence, and other items of marital property, The parties
hereby waive any necessity for completing or attaching any
financial disclosure(s), Each party further acknowledges the
opportunity to attach a full and complete financial disclosure
and that such disclosure is not desired to effectuate a fair and
equitable resolution of their marital rights, duties and obliga-
tions as provided in the Divorce Code of 1980, as amended.
Husband acknowledges that he is in possession of no other assets
6
, h
of the marriage, inoluding bank aooounts, saving. plan.,
retirem.nt aooounts or other pension plan, other than tho..
a..eta diaolosed above,
6. PERSONAL PROPERTY
The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her posses-
sion, whether said property is heretofore owned jointly or
individually by the parties hereto, and this Agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual posses-
sions of each of the parties hereto,
The parties hereto have di,vided between themselves, to
their mutual satisfaction, all items of tangible and intangible
marital property, Neither party shall make any claim to any such
items of marital property, or of the separate personal property
of either party, which are now in the possession and/or under the
control of the other,
From and after the date of the signing of this Agree-
ment both parties shall have complete freedom of disposition as
7
, II .
to their .eparate property which is in their possession or
oontrol purluant to this Agreement and may mortgage, sell, grant,
oonvey or otherwise encumber or dispose of such property, whether
rell or perlonal, whether such property waB acquired before,
durin; or atter marriage, and neither Husband nor Wife need join
in, con.ent to, Qr acknowledge any deed, mortgage, or other
in.trument ot the other pertaining to disposition of property,
7, DISTRIBUTION OF PROCEEDS FROM SALE OF REAL ESTATE
Husband and Wife have sold the marital residence and
de. ire to divide the proceeds derived from the sale of the
marital residence, Wifo shall receive an amount of Forty-five
thou land dollars ($45,000.00) from such proceeds and Husband
Ihall receive the remaining balance, Further, Husband shall
tranater any and all proceeds which he receives from this
diltribution to the par.ties daughter, Michelle L, Fleck, to
partially reimburse her for a loan which Husband solely incurred.
HUlband and Wife acknowledge that Wife has no responsibility or
liability tor repayment of any amount to the parties daughter,
Michelle L, Fleck, and that Husband shall assume full liability
tor repayment of any amount owing to Michelle L, Fleck, Husband
agrees that he shall transfer his portion of the proceeds to
Michelle L. Fleck immediately upon closing of the account at
Farmer. Trust Co. in Camp Hill, Pennsylvania, Any further funds
8
, II ..
received by the parties as a refund of any escrow payment
associated with the sale of the real property or from any other
source shall be paid to Husband who shall immediately transfer
such funds to Michelle L, FlecK.
Husband and Wife further agree that the sale of the
marital residence may result in a capital gains tax associated
with distribution of proceeds from the sale of real property.
Each party has been advised of their right to review this matter
with an accountant prior to signing this Agreement. Husband and
Wife agree that they shall each assume liability for his or her
respective share of any capital gains taxes which may be assessed
hereafter as the result of a sale of the above described real
estate, and it is further agreed between the parties that they
shall satisfy their respective liabilities, at their respective
options, by qualifying for an exemption or by paying any taxes
due. In the event information is needed to pay such tax, if any,
or to qualify for such exemption for reporting purposes, the
parties shall provide such information upon reasonable request.
8. MOTOR VEHICLES
The parties hereto agree that Husband shall be entitled
to have the sole and exclusive control, benefit, use and title of
the motor vehicle presently in his possession and that Wife shall
be entitled to have the sole and exclusive control, benefit, use
9
. I, ,.
and title of the 1986 Delta 88 Oldsmobile, or the prooeeds
thereof.
The parties further agree to transfer title of the
aotor vehioles in aocordance with this paragraph within thirty
(30) days from the date of this Marital Agreement, if neoessary.
9. MISCELLANEOUS
(A) The parties hereto acknowledge and agree that any
and all savings and cheoking accounts, as well as certificates of
deposit and other investment accounts, owned by them jointly or
singly, have been divided to their mutual and individual sati-
sfaction;
(B) Neither party hereto shall make a claim upon the
Marital or non-marital portion of the other's accumulated pen-
sion, profit-sharing, retirement support, retirement benefits,
insurance policies, IRA's, or any retirement-related benefits.
Specifically, Wife shall be entitled to the sole and exclusive
possession of her retirement contributions with the Pennsylvania
State Employees Retirement System,
(C) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly or singly
have been divided to their mutual and individual satisfaction.
Each party hereto acknowledges that they have in their sole
possession those policy or policies of life insurance whioh they
10
, " ,
intend to keep and retain as their sole and exclusive property
and, further, each party shall have the right to designate the
beneficiaries of said policies,
(0) The division of existing marital property is not,
except a. otherwise expressly provided herein, intended by th~
parti.. to constitute in any way, a sale or exchange ot assets
and the division is being affected without the introduction of
outside funds or other property not constituting a part of the
marital estate, As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto agree to save and hold each other harmless
from all income taxes assessed against the other resulting from
the division of the property as herein provided,
(E) Each party represents and warrants to the other
that he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which
the other party is or may be liable, A liability not disclosed
in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and such party agrees
to pay it as the same shall become due, and to indemnify and hold
the other party and his or her property harmless from any and all
such debts, obligations and liabilities,
11
, I, I
(P) Each party represents and warrants to the other
that each shall file separate income tax returns for tax year
1996 and thereafter, Information maintained by one party which
i~ necessary to complete any subsequent income tax return by the
other party shall not be unreasonably withheld upon the request
of either party,
10. DEBTS OF HUSBAND AND WIFE
Husband represents and warrants to Wife that from the
signing of this Agreement and in the future he will not contract
or incur any debt or liability for which Wife or her estate might
be responsible and shall indemnify and save harmless Wife from
any and all claims or demands made against her by reason of debts
or obligations incurred by him, Husband shall assume full
liability for any debts or liabilities associated with the
business known as Rimist corporation, trading as scenic Tubs, and
shall further hold Wife harml~ss from any debt or liability
arising from such business, Husband shall assume all debts
inourred by him after separation,
Wife represents and warrants to Husband that from the
signing of this Agreement and in the future she will not contract
or incur any debt or liability for which Husband or his estate
might be responsible and shall indemnify and save harmless
Husband from any and all claims or demands made against him by
12
\ .. ,
reason of debts or obligations incurred by her. Wife shall assume
all debts incurred by her after separation,
11. ALIMONY. SUPPORT AND MAINTENAN~E
Both parties acknowledge and agree that the provisions
of this Agreement providing for equitable distribution of marital
property are fair, adequate and satisfactory to thom and are
accepted by them in lieu of and in full and final satisfaotion of
any olaims or demands that either may now or hereafter have
against the other for support, maintenanoe or alimony. Husband
and Wife further, voluntarily and intelligently, waive and
relinquish any right to seek from the other any payment for
support, alimony and maintenance and, further, waive and relin"
quish any rights to division of property, other than provided in
this Agreement and, finally, waive any rights to alimony pendente
lite, counsel fees and court costs,
I
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,
,
Husband and Wife both agree that they have been
respectively advised and are aware of the contents of the
provisions of the Divorce Code, as amended, in Pennsylvania,
wherein oonsiderations are set forth in determining an
appropriate amount, if any, to be paid in the form of alimony.
After being fully advised of the contents of the Divorce code, as
amended, both parties voluntarily and intelligently waive and
relinquish any right to seek from the other payment for support,
13
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alimony and maintenance.
Upon the entry of the final decree in divorce, Husband
shall notify the Cumberland county Domestic Relations Office of
such divorce and Husband's present support obligations arising as
a result of the present spousal support order docketed to DR
23,~63, NO, 130 support 1995, shall cease, However, Husband shall
remain responsible for any arrearages existing as of the date of
the decree in divorce and shall remain liable to Wife for the
full amount of such arrearage.,
12, CEMETERY LOTS
Husband and Wife mutually agree that Wife shall be
entitled to sole and exclusive possession of any cemetery lots
presently in the parties possession, and thdt both parties shall
assist with transfer of such lots to Wife when requested,
13. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party
waives his or her right to alimony and further distribution of
property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in accordance with the Divorce Code, as amendod, Subject to the
provisions of this Agreement, each party has released and dis-
charged and by this Agreement does for himself or herself, and
his or her heirs, legal representatives, executors,
14
, .,
administrators and assigns, release and discharge the other ot
and trom all causes ot action, claims, rights or demands what-
soever in law or equity, which either of the parties ever had or
now has against the other, except any or all cause or oauses ot
aotion tor divorce or except in any or all causes at action tor
breaoh at any provisions of this Agreement, Each party also
waives their right to request marital counseling pursuant to
section 3302 of the Divorce Code,
14. SUBSEOUENT DrV~
A deoree in divorce entered by a court of competent
juriSdiction to either party shall not suspend, supersede or
atfect the terms of this Agreement, Both parties agree, if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court ot competent
juriSdiction, as a part of a resolution of any divorce action
tiled or to be filed, This Agreement, and the terms and
oonditions contained herein, as well as the enforcement of said
terms and oonditions, shall be contingent upon the granting of a
Divorce Decree to either party by the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both parties hereto agree, if
requested, to execute the appropriate affidavits and consents to
15
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lecure a No-fault Divorce as may be required by the Divorce Code,
al amended. Both parties hereto agree that this Agreement may be
incorporated into a separate Court Order but shall not merge in
luch order.
15. 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.
Husband and Wife acknowledge and agree that the provisions of
this Agreement with respect to the dJ,stribution and division of
marital and separate property are fair, equitable and
latisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provicions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to Section 3502 of
the Divorce Code or any amendments thereto, Husband and Wife
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital
property, but nothing herein contained shall constitute a waiver
16
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by either party of any rights to seek the relief of any court for
the purpose of enforcing the provisions of this Agreement,
16, VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair
and equitable, that it is being entered into voluntarily, with
full knowledge of the assets of both parties, and that it is not
the result of any duress or undue influence, The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel,
17. ADDITIONAL INSTRUM~
Husband and Wife 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 terms of this Agreement.
18, MODIFICATION AND WAIVER
Any 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. 'rhe failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
17
~ ., I
or any .ub..quent default of the aame or aimilar nature. The
waiver of any term, condition, olauae or provision of this
Agreement shall in no way be deemed or construed as a waiver of
any other term, condition, clause or provision of this Agreement,
19 . BREACII
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
eleotion, to sue for such breach, or seek other remediea or
relief as may be available to him or her, Both parties agree and
are aware that non-compliance with any provision of this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set forth in 23 Pa, C.S,A, S3105,
Each party further hereby agrees to save and hold
harmleea the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any way whatsoever, or
shall pay upon, or 1n consequence of, any default or breach by
the other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
againat the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
attorneys' fees, costs and legal expenses and expenses must first
18
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b. .ucc...ful in whole or in part, before there would b. any
liability for attorneys' fees, costs, legal expenses and
.xpen..., It is the specific agreement and intent of the part i..
that a breaching or wrongdoing party shall bear the burden and
obligation of. any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement,
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or
prevent further pursuit of such remedy,
20. DESCRIPTIVE HEADINGS
The descriptive headings used herein lire for
convenience only, They shall not have any effect whatsoever in
determining the rights or obligations of the parties,
21, INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement,
22. APPLICABLE LAW
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This Agreement shall be construed under the laws of the
commonwealth of Pennsylvania, For purposes of contract inter-
pretation and for purposes of resolving any ambiguity herein, the
partie. agree that this Agreement was prepared jointly by their
respective attorneys,
23. VOID CLAUSES
If any term, conditions, 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,
24. BI~DING AGREEMENT
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns,
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written,
WITNESS:
(SEAL)
~
Richard t, Fleck, Sr,
(SEAL)
20