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HomeMy WebLinkAbout02-3798Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff AMY LYNNE GEBHARD, Plaintiff V. GEORGE JAMES GEBHARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTR You have been sued in court. If you wish to defend against the claims set forth in the following pages, ake 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 pages by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage Counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 A venue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff AMY LYNNE GEBHARD, Plaintiff V. GEORGE JAMES GEBHARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C~V,L ACTION- ~AW IN DIVORCE C I F I ROMPLAINT IN DIVORCE ANDNOW, this /,.~'¢Aday of July 2002, Comes the Plaintiff, AMY LYNNE GEBHARD, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint for Divorce, and in support thereof avers as follows: 1. The Plaintiff is AMY LYNNE GEBHARD, an adult individual who Currently resides at 32 Village Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is GEORGE JAMES GEBHARD, an adult individual who currently resides at 320 4th Street, West Fairview, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on July 10, 1998, in Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage Counseling and she may have .he r'ght to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301 (c) or Section 3301(d) of the Divorce Code. COUNT II CUSTODY 8. Plaintiff incorporates herein by reference the allegations set forth in paragraphs one (1) through seven (7) of the Complaint as if the Same were set forth herein at length. 9. Plaintiff, Amy Lynne Gebhard (hereinafter "MOTHER"), seeks primary physical custody and shared legal custody of the following child: Mikaela Lynne Gebhard (DOB: October 6, 1997). 10. The child was born out of wedlock. 11. The child is presently in the custody of MOTHER. 12. addresses: During the past five (5) years, the child has resided with the following persons at the following _~reon~. Marc Heimbach, Pam Heirnbach e J. Gebhard Marc Heimbach Parn Heimbach Mechanicsburg, PA 17055 188 Ashford Drive 718 Carriage Lane Mechanicsburg, PA 17055 rg, PA 17050 Birth - 10/01/98 10/01/98 - 02/22/02 02/22/02 - 06/07/02 06/07/02 - Present "r' 0 ::r o7, AMY LYNNE GEBHARD, Plaintiff VS. GEORGE JAMES GEBHARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3798 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ,2002, upon consideration of the attached Custody Conciliation Report,it~is' ~ ordered and directed as follows: 1. The Mother, Amy Lynne Gebhard, and the Father, George James Gebhard, shall have shared legal custody of Mikaela Lynne Gebhard, born October 6, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and infoimation pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child every Sunday from between 12:00 noon and 2:00 p.m. through 8:00 p.m. and every Monday and Tuesday when the Father shall pick up the Child from kindergarten at 2:00 p.m. through 8:00 p.m. In addition, the Father shall have custody on alternating Thursdays from kindergarten at 2:00 p.m. through 5:30 p.m., beginning on September 5, 2002. On one Sunday per month, the Father shall be entitled to have custody of the Child overnight with the specific date to be arranged by agreement of the parties each month. Unless otherwise agreed between the parties, the overnight period of custody shall take place at Denise Gebhard's residence. The Father shall transport the Child to school on Monday mornings following the overnight periods of custody. 4. The parties shall share having custody of the Child on Thanksgiving in 2002, with the Father having custody from 8:00 a.m. until 2:30 p.m. and the Mother having custody beginning at 2:30 p.m. 5. Unless otherwise agreed between the parties, all custody exchanges which do not occur at the Child's school shall take place at the Giant store in Enola. 6. The parties shall cooperate in making necessary adjustments to the custody schedule at such time as the Father's work schedule changes. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Mark C. Duffle, Esquire - Counsel for Mother Christine J. Taylor, Esquire - Counsel for Father AMY LYNNE GEBHARD, Plaintiff VS. GEORGE JAMES GEBHARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3798 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mikaela Lynne Gebhard October 6, 1997 Mother 2. A Conciliation Conference was held on September 5, 2002, with the following individuals in attendance: The Mother, Amy Lyrme Gebhard, with her counsel, Mark C. Duffle, Esquire, and the Father, George James Gebhard, with his counsel, Christine J. Taylor, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date D~'~wn S Sunday, Esquire Custody Conciliator 'Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoync, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff AMY LYNNE GEBHARD, Plaintiff V. GEORGE dAMES GEBHARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3798 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVlCF I, MARK C. DUFFLE, hereby certify that on the 22nd day of August 2002, I served a true and correct copy of the Complaint in Divorce upon the Defendant, George James Gebhard, by certified mail, restricted delivery, to his mailing address at 320 4th Street, West Fairview, Cumberland County, Pennsylvania 17025, return receipt requested, attached hereto and made a part hereof. Dated: :162906 Respectfully submitted, M~rk'C. Duffie (/ Attorney I.D. Nc~75906 Attorneys for Plaintiff & WEIDNER · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, tr on the front if space permits. 1. Lrticle Addressed to: itam 17 Yes [] No fl 3. Mice Type [..]w~ertified Mail [] Express Mail [] Registered [] Return Receipt for Mlerchandiss [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 2.:..~mber (Copy from service label) ~ _ ~ PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 r: Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff AMY LYNNE GEBHARD, Plaintiff V. GEORGE JAMES GEBHARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3798 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following decree: 1. information, to the Court for entry of a divorce Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. Date and manner of service of the Complaint: Certified copy of Divorce Complaint mailed to Defendant via Certified Mail and received by Defendant on August 22, 2002. A Certificate of Service was filed in this office on September 18, 2002. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff: April 2, 2003; by the Defendant: April 2, 2003. Related claims pending: None. Both Plaintiff and Defendant are filing Waivers of Notice of Intention to Request Entry of Divorce Decrees dated April 2, 2003, concurrently herewith. Dated: :166427 Respectfully submitted, JOHNSON, DUFFLE, STEWART & DNER BY: ~ Attorney I.D. No. Attorneys for Plaintiff PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this :Z~---~ day of ~.t-~ \ 2003, by and between AMY LYNNE GEBHARD, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE," and GEORGE JAMES GEBHARD, of West Fairview, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND." WITNESSETH: WHEREAS, the parties were lawfully married on July 10, 1998, and separated on or about February 22, 2002; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12, 1988; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation. The parties shall hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. 3. Divorce. WIFE filed a Complaint in Divorce against HUSBAND in the Court of Common Pleas of Cumberland County on or about August 8, 2002, which action is docketed to No. 02-3798 Civil Term. The parties acknowledge that their marriage is irretrievably broken and that they have been separated since February 22, 2002. Simultaneously with the execution of this Agreement, the parties agree to sign and promptly file any and all documents necessary to obtain a Divorce Decree, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under §3301(c) of the Divorce Code. The parties intend that this Agreement shall be incorporated but not merged into any forthcoming Decree in Divorce, such that it shall survive as a separate, enforceable contract, which is not subject to modification unless otherwise indicated. 4. Real Property. The parties do not own any real property. 5. Employee~ Pension~ and Retirement Benefits. Each party shall retain as their sole and separate property, any individual retirement account, and/or retirement benefit plan (included, but not limited to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401(K) plans, employee savings and thrift plans, IRAs or other similar benefits) whether vested or non-vested. The above shall specifically include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Furthermore, each party shall be and remain the sole owner of any other asset in his or her control not specifically covered by other provisions of this Agreement. Should it become necessary, each party agrees to sign any other title or documents necessary to give effect of this section upon request of the other party. 6. Personal Property. The parties have acquired certain personal property during the course of their marriage, and hereby acknowledge and represent that such personal property has been divided to their mutual satisfaction, except as otherwise set forth below. Those items set forth below shall be divided accordingly. All other items of personal property not set forth herein have already been divided to the parties' mutual satisfaction. 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 possession or under the control of the other, due to division under mutual satisfaction as well as division set forth below. Furthermore, each party agrees to waive any right, title, and/or interest they may have to the property in the possession of the other party. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. The following items are in the possession of HUSBAND, and shall become the sole and separate property of WIFE, free and clear of any right, title, and/or interest HUSBAND may have had to said items. HUSBAND, within ten (10) days of executing this Agreement, will deliver said items to WIFE by delivering the same to her at her place of residence. Christmas decorations~ child's clothes and other personal effects~ baby book~ calendar~ filin.q cabinet~ boxes of photo.qraphs~ and any other miscellaneous items of personal property of WIFE. 7. Automobiles. The parties hereto own several automobiles, each of which is set forth herein and divided as designated: The 2000 Chrysler Cirrus in HUSBAND and WIFE'S names shall become the sole and separate property of WIFE, free and clear of any right, title, and/or interest that HUSBAND may have. WIFE shall be responsible for any liens or encumbrances thereon and hold HUSBAND harmless from said obligation. The Mitsubishi Eclipse in HUSBAND's name shall become the sole and separate property of HUSBAND, free and clear of any right, title, and/or interest that WIFE may have. HUSBAND shall be responsible for any liens or encumbrances thereon and hold WIFE harmless from said obligation. Each party agrees to waive any right, title, and/or interest he or she may have in the vehicle of the other as set forth herein, and will promptly sign within ten (10) days of the other party's request any and all documents necessary to effectuate the provisions of this paragraph, including vehicle titles. Any joint encumbrance in existence shall be the sole and separate responsibility of the person to whom the vehicle has been transferred, as set forth herein. All joint encumbrances and titles shall be refinanced and transferred to the parties to whom the interest and right is vested herein within twelve (12) months following the execution of this Agreement. 8. Bank Accounts. Any and all bank accounts in the parties' names which existed at separation have been previously divided to both parties mutual satisfaction. The parties acknowledge that they will immediately close any joint accounts and to remove the other parties' name from the account so that there are no joint accounts remaining in existence. Furthermore, each party agrees to waive any right, title or interest he or she may have in the individual bank account of the other. 9. Credit Card/Unsecured Debt. A. The Waypoint Bank loan (Loan No. .), with an approximate balance of $6,500.00 which is in HUSBAND's name shall become the sole and separate obligation of HUSBAND. HUSBAND shall hold WIFE harmless of said obligation. B. The Discover Card (Account No. ) in WIFE's name with an approximate balance of $3,000.00 shall become the sole and separate obligation of WIFE. WIFE shall hold HUSBAND harmless of said obligation. 10. Cash Consideration. WIFE shall pay to HUSBAND the sum of Five Hundred and 00/100 dollars ($500.00) within ten (10) days of the execution of this Agreement as consideration for other obligations set forth herein. 11. Life Insurance. Each party shall retain as their sole and separate property, any life insurance policies not specifically referenced herein, specifically including the cash surrender value, of which they are the owner as their sole and separate property, free and clear of any right, title, claim and/or interest of the other party. 12. Miscellaneous Debt. Any debt not specifically listed in this Agreement shall be the sole and separate responsibility of the party who incurred it. 13. Alimony Pendente Lite (APL)lSpousal Support/Alimony. The parties agree that there shall be no alimony pendente lite, spousal support, or alimony award for either party. Each party hereby waives their right to receive alimony pendente lite, spousal support, or alimony from the other party upon execution of this Agreement. 14. Health Insurance. WIFE agrees to provide her own health insurance. HUSBAND will be responsible for maintaining his own health insurance. Insurance for the minor child, Mikaela Lynn Gebhard, is set forth in the Order for Support referenced herein in paragraph 14. 15. Child Custody/Support. The Order of Court dictating the custodial arrangement between the parties is docketed to No. 02-3798 Civil Term, and dated September 13, 2002. An Order for the support of the minor child, Mikaela Lynn Gebhard, was entered to Docket no. 410-S-2002, PACSES No. 240104514/DR 31707, on July 9, 2002. 16. Agreement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A. If fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. 17. Release of All Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 18. Holdin,q Other Party Free and Harmles,~. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 19. Additional Instruments, The parties shall, on demand, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 20. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure, with the exception of disclosures that may have been fraudulently withheld. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. 21. Representation of the Partie~. WIFE is represented by Johnson, Duffie, Stewart & Weidner in connection with the negotiation and preparation of this Agreement. HUSBAND is represented by The Wiley Group in connection with the same. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal Agreement and/or Agreements. 22. Waiver of Ri.qhts to Other Party's Estate-, Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B. To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 23. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 24. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 25. Effect of Separation~ Reconciliation, Cohabitation or Divorce Decrcc, The terms of this Agreement shall be incorporated, but not merged, into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 26. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 27. No Waiver of Default. 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 be construed as a waiver of any subsequent default of the same or similar nature. 28. Attorneys Fees and Expense-~. Each party shall be responsible for their own attorneys fees and expenses. 29. Mutual Cooperation/Breach of Agreement. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, or breaches the terms of this Agreement in any way, the breaching party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of attempting to enforce this Agreement. 30. Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the obligations under the terms of this Agreement shall be satisfied in full and shall not be discharged in the bankruptcy. Furthermore, in the event a discharge is forthcoming, the discharge of the debtor party's obligations under this Agreement shall not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. 31. Law of Pennsylvania Applicabl~. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 32. Date of Aqreement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 33. Successors and Assiqn-~. This Agreement, except as otherwise expressly provided herein shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: :166390 Amy L yn. ne~bha(Xd - ~ Geo~'mes ~'ebl~a~d IN THE COURT Of COMMON PLEAS of CUMBERLAND COUNTY STATE OF .~_ PENNA. VERSUS GEORGE JA~S GEB~ NO. 02-3798 Civil Term DECREE IN DIVORCE AND NOW,__~_l~~ , 2003 DECREED THAT Amy Lynne Gebhard , it iS OrDErED AND , PLAINTIFF, AND George James Gebhard , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD in THIS ACTION FOr WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; The attached Property Settlement Agreement dated April 2, 2003, is hereby incorporated, but not merged, into this Decree in Divorce. by The COUrt: ATTES' J. PROTHONOTARY