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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF 't~~~ PENNA.
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AMY L.. M..ARKLE,
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Plaintiff
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SCOTT L. MARKLE,
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Defendant
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DECREE IN
decreed that..,.. ..... '" ~1",~, ~....M.~~!<,~~........... .. ......, plaintiff,
and, ,.."", "" """".. ,llQ97'.~ .h. .11f:.I,W~F;"",.", ",' .., 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 PARTIES MARITAL SETTLEMENT AGREEMENT DATED MAY 19, 1995,
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IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT.
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MAIUTAL SE'I'TLEMENT AGREEMENT
TI.IIS AGR,EEMENT, made Iff!. day of /114~
, 1995, by and
between AMY L. MARKLE, hereinafter "Wife", and SCOlT L, MARKLE, hereinafter
"Husband".
WITNESSETH:
WHEREAS, the parties arc Husband and Wife who were married on December 28,
1991 and who have been separated since March, 1994; lind,
WHEREAS, the Wife has instituted divorce proceedings in the Court of Common
Pleas of Cumberlllnd County to No. 95-835 Civil Term by Complaint filed on February IS,
1995; and,
WHEREAS, differences have arisen between Husband and Wife consequence of
which they have chosen to live separate IInd apart from each other; and,
WHEREAS, the parties desire to settle fully and finally their respective financial and
property rights and obligations as between each other, including without limitation by
specification: settling of all matters between them relating to ownership and equitahle
distribution of real and personal property and related economic claims including but not
limited to spousal support, alimony and alimony pendente lite: IInd in general the settling
of any and all claims or possible claims by one against the other or against their respective
estates; and,
WHEREAS, Husband has discussed with his attorney, Michael D. Rentschler,
Esquire, and Wife has discussed with her attorney, Michael A. Scherer, Esquire their assets
and liabilities as of the date of this Agreement, and both having heen advised by their
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allorneys of their rights ami desires tothe provisions hereinafter set forth under the Divorce
Code and regarding alimony and spousal support: and,
WHEREAS, each party is fully familiar with the marital property and hoth parties
now desire III sellle und determine his und her property rights und c1uims under the Divorce
Code, including all claims regarding equitahle distrihution of murital property, alimony,
spousal support and related economic claims.
NOW, THEREFORE, the parties hereto heing legally hound herehy do covenant and
agree as follows:
1. The parties agree to the entry of a Decree in Divorce pursuant to Section
3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents with
the Court contemporaneously with the execution of this Agreement. Counsel shall withdraw
their respective clients' claim for economic relief, The Wife's allorney shall file the Praecipe
to Transmit the Record and ohtain a Divorce Decree without delay. Should either party
do anything to delay or deny the entry of such a Decree, or fail III do anything required to
ohtain the Divorce Decree in hreach of this Agreement the other party may, at his or her
option, declare this Agreement null and void, uh initio.
2. This Agreement and all warrunties and representations contained herein shall
sarvive the Divorce Decree und shall continue III he enforceahle in accordance with its
terms, No Court muy change the terms of this Agreement, and it shall he binding and
inclusive upon the parties, An uction muy he hrought ut luw, in equity or pursuant to the
provisions of the Divorce Code to enforce this Agreement hy either Husbund or Wife. In
the event of a reconciliation, ullempted reconciliation or other cohahitation of the parties
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, in the absence of a written Agreement signed by the parties expressly stUling that this
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hereto after the date of this Agreement, this Agreement shall remain in full force and effect
Agreement has heen revoked or modified,
3,
The parties have divided between them to their mutual satisfaction their
personal effects, household furniture amI furnishings, automohiles and all other articles of
tangible personal property whieh have heretofore been used by them in common and neither
party will make a claim to any such items which are now in the possession or under the
control of the other. Husband shall, at the signing of this Agreement, become the sole
owner of the boat the parties purchased during the marriage. Each party will execute within
thirty (30) days of the signing of this Agreement any and all documents necessary to
effectuate the transfer of ownership of any items of personal property titled in both names.
The party receiving sole ownership of such item shall pay all costs associated with the
transfer.
4. Husband shall, within fifteen (15) days of the signing of this Agreement, pay
Wife the sum of five thousand ($5,000.00) dollars, representing Wife's interest in Husband's
savings account, Otherwise, the parties have divided between them to their mutual
satisfaction all of the intangible personal property consisting of cash, bank accounts,
annuities, securities, insurance policies, pensions and retirement rights, whether vested or
contingent, and all other such types of property. And that all such intangible personal
property presently in the possession of or titled in the name of the Husband except as set
forth in the iirst sentence of this paragraph. shall be his sole and separate property and that
in the possession of or a title in the name of the Wife shall be her sole and separate
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property. Each party hereby expressly waives any right \0 claim any pension/profit
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II sharing/retirement rights of the other, vestell or contingent, each party to retain full
[I ownership of such rights as his or hcr sole anll sepurate property,
5. Wife shall, within fifteen (15) llays of the signing of this Agreement, execute
a quit claim lleell in favor of Husbanll conveying all of her right, title anll interest in the
conllominium locatell at 47118 Charles Roall, Mechanicsburg, Cumberland County to
Husbanll which shall be recorllell at t-Iusbanll's expense. Husbanll warrants that he will
assume responsibility for any anll all liens which are in existence on the property, including
any anll all mortgages on the property from any lenlling institution, any anll all municipal
liens anll any other liens which may exist. t-Iusbanll agrees to indemnify and save and hold
harmless the Wife for any Iiahility for such liens assumed by the Husbanll in accordance
with the terms anll conllitions of this paragraph and further agrees to be responsible for the
taxes, insurance, maintenance, and other costs associated with the property after the signing
of this Agreement.
6. Except as herein otherwise provillell, each party represents that he or she has
not heretofore incurrell or contractell any debt or liability or obligation for which the other
may be helll responsible or liable, Each party agrees to indemnify anll save and hold
harmless the other from anll against all such llebts, liabilities or obligations of any kind
which may have heretofore been incurrell between them, except the obligations arising out
of this Agreement.
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7, Both partics covcnant, warrant, represent andagrcc that cach will now and
at all timcs hcrcafter savc and kecp the other indcmnificdagainst alldcbts, chargcs or
Iiabllitics incurrcd hy thc cither of them lifter thc exccution of this Agrccment, cxcept as
mllY bc otherwise specifically provided for by thc terms of this Agrccmcnt and neither of
them shllll hercllftcr incur lIny Iillhility whatsocvcr for which thc estatc of the other may be
Iiablc. Elich party further agrccs to indcmnify and save and hold harmless thc other from
any and allliahilitics he or shc may incur upon the obligations of or assumed by thc other,
which indcmnification as to 1111 provisions of this Agrecmcnt shall include the right to
recovcr out of pockct expenscs and reasonahle attorney fee's actually incurred.
8. Both parties agree that thc hcrein lIhove sct forth Agreement constitutes an
equitable distribution of their marital property and cquitable resolution of all other
economic claims pursuant to the provisions of the Divorce Code, and eacb party irrevocably
waives, releases and remises any claim to ownersbip of or interest in any property
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designatcd as property of the other by virtue of the provisions of this Agreement except as
othenvise may be provided pursuant to the provisions of this Agreement.
9. Husband docs hcreby release, remisc, quitclaim and forever discharge Wife
and the estate of Wife from any and all claims he now has, ever may have or can at anytime
havc against the Wife or her estate or any part thereof, whether arising out of formal
contracts, engagements or liabilities of the Wife arising by way of widower's right or under
the Intestate Law arising by any right to take against the Wife's will, arising out of the
Divorce Code, Act No, 36 of 1980, as amended, including alimony, alimony pendcnte Iitc,
counsel fecs and expenscs, arising as a right to spousal support or arising by any nature
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whutsoever excepting only those rights acconJeu to the Ilushunu unuer this Agreement.
10. Wife docs herehy release, remise. quitcluim anu forever discharge Hushand
and the estate of Husband from any and all claims she now has, ever may have or can at
anytime have against the Husband or his (~state or any part thereof, whether arising out of
formal contracts, engagements or liabilities of the Husbanu arising hy way of widower's right
or under the Intestate Law arising by any right to take against the Husbanu's will, arising
out of the Divorce Code. Act No, 36 of 19HO, as amended, including alimony, alimony
pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by
any nature whatsoever excepting only those rights accorded to the Wife under this
Agreement.
II. If either party to this Agreemr.nt resorts to a lawsuit or other legal action
pursuant to the provisions of the Divorce Code or otherwise shall enforce the provisions of
this Agreement, the successful party shall be entitled to recover to his or her reasonable
counsel fees actually incurreu. from the other as part of the juugment entered in such legal
action. whether in law. in equity. pursuant to the provisions of the Divorce Code or
otherwise as the same shall be determined by the Court.
12. The parties uo hereby warrant. represent and declare and uo acknowledge and
agree that each is and has been fully and completely informed of and is familiar with and
is cognizant of the wealth, real and/or personal property. estate and assets, earnings and
income of the other and that each has made a full and complete disclosure of his and her
entire assets and liabilities and any further enumeration or statement thereof in this
Agreement is specifically waived.
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13. This Agrccmcnt constitutcs thc entire untlerstantling or the parties. There arc
no covenants, contlitions, representations or agreemcnts written or oral or any nature
whutsoever, other thun those thcrcin contuinctl.
14. This Agrccmcnt is subjcct to m()(lificution only a subsequent Icgal writing
signetl by both partics. It shall bc constructl hy according to thc laws or the Commonwealth
or Pcnnsylvania,
15. Hushantl anti Wire acknowlctlgc that each or thcm has rcad and understands
his or her rights and rcsponsibilitics undcr this Agrccmcnt, that hc und she have executed
this Agreemcnt under no compulsion to do so, hut as a voluntary act, heing apprised or its
consequences hy thcir separate legal counscl.
Hi. This Agreemcnt shall bind and inure to the bcnefit or the parties hereto and
their respective heirs, exccutors, administrators, successors and assigns.
IN WITNESS WHEREOF, the purtics hcrcto havc set their hands and seals thc duy
and year first ahove written.
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MY L. MARKLE
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SCOTI L. MARKLE
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STATE OF Pennsylvania
COUNTY OF Cumherlallll
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AND NOW, this /9'Ljay of II/a-<-( , 1995, he fore me, the undersigned
officer, personally appeared Amy L. Markle, known to me (or satisfactorily proven) to he
the person whose name is suhscrihed to the within instrument, and acknowledged that she
executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
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M/CllllvnlUlOn-."~...... 7, 1996
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STATE OF Pennsylvania
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COUNTY OF Cumberland
AND NOW, thisk:';'~ day of -%'Cr , 1995, before me, the undersigned
officer, personally appeared Scott L, Markle, known to me (or satisfactorily proven) to be
the person whose name is suhscrihed to the within instrument, and aeknowledged that he
executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand anU official seal.
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AMY L. MARKLE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
95-835 CIVIL TERM
SCOTT L. MARKLE,
Defendant
IN DIVORCE
PRAECIPE 70 7RA::S:.lr:, RECORD
To the Prothonotary:
Transmit the record, together ~~:h the fOllowing info~at~on, to the court
for entr:' of a di'force decree:
.:rlO 1 Cd.)
1. Ground for divorce: irretr~evable breakdo\o'tl under Section ~X\'{)()
X(l21J1~ (1) of the "i'force Code. (Strike out inapplicable section.)
2. Date and :::anner of service of the complaint: SERVICE UPON THE DEFENDANT
D MAIL-RESTRICTED DELIVERY ON FEBRUARY 17, 1995.
J. (Complete eit~er paragraph (a) or (b) .)
(a) Date of exec~tion of the affidavit of consent required by Section
201(c) of the Divorce Code: by the plaint~ff
MAY 19, 1995
MAY 19, 1995
by defendant
(b) (1) Date of execution of the plaintiff's affidavit required by
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Section 201(d) of the Divorce Code:
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(2) Date of service of the plaintiff's affidavit upon the defendant:
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4. Related clai::!S pending: None
S. Inditate date and manner or se~fice of the notice of intention to file
praecipe to trans~it record, and attach a copy of said notice under section 201
(d)(l)(i) of the Divorce Code.
n/a
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HICIIAEL 1\. SCIIERER, ESQ. Xj,lIC~>>lIJtlc
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AMY L. Ml\RKI.E,
Plaintiff
IN TIlE COORT OF c:x:r-M:N PLEAS OF
aJMBERLAND COUNTY, PENNSYLVANIA
95- ~ 3 E; CIVIL TERM
v
scarr L, MARKLE,
Defendant
IN DIVORCE
NOl'ICE 'TO DEFEND AND crAIM RIGHTS
You have been sued in court. If yoll wish to defend against the
claims set forth in the following pages, you must take praT1?t 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 ooney or property or
other rights inportant to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or irretrievable
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breakdown of the marriage, you may request JMrriage counseling, A list of
marriage counselors is available in the Office of the Prothonotary at the
CUmberland County Court House, Carlisle, Pennsylvania.
YOU SHOULD TAKE TIlIS PAPER 'IO YOUR ATIORNE'l AT ONCE. IF YOU DO
NOr HAVE AN ATIORNEY OR CANNOl' AFFORD ONE, 00 'IO OR 'mLEPHONE TIlE OFFICE SET
FORTI! BELCm 'IO FIND oor WHERE YOU CAN GET LEXlAL HELP.
court Administrator
CUmberland County COurt House
Fourth Floor
Carlisle, PA 17013
Telephone: (717) 240-6200
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AMY L. MARKLE,
Plaintiff
IN 'lllE COURT OF cx:.r-M:tl PLEAS OF
CUMBERI.J\ND CXXJNT'{, PENNSYLVANIA
v
95-
CIVIL TERM
SCDlT L. MARKIE,
Defendant
IN DIVORCE
CCMPIAINT
1. Plaintiff is AMY L. MARKLE, an adult individual who currently
resides at 401 Garland Drive, Carlisle, CwrOOrland County, pennsylvania.
2. Defendant is SCOl'l' L. MARKLE, an adult individual who
currently resides at 4711-B Charles Road, Mechanicsburg, CUmberland County,
Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the
Campnwealth of pennsylvania for at least six rronths inroediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on December 28, 1991,
in CUmberland County, Pennsylvania.
CXXJNT I - DIVORCE
5. Plaintiff hereby incorporates by reference paragraphs one
through four as if each avennent were set forth fully hereunder.
6. There have been no prior actions of divorce or for annulment
between the parties as to their current marriage.
7. Neither Plaintiff nor Defendant is in the Armed Forces of the
United States.
8. Plaintiff avers that the marriage between the parties is
irretrievably broken.
VERIFICATION
I verify that the statements made in this Carplaint are true and
correct.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to
authorities,
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Date:
1-26,- q.s
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IN THE axlRT OF cnM)N PlEAS OF
CUMBERLAND CXXlNTY, PENNSYLVANIA
95-835 CML
I\M'{ L. Ml\RKlE,
Plaintiff
SCDl'l' L. MARKLE,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-
captioned divorce action, do hereby certify that I served a certified copy of
the Cal1plaint in Divorce to the Defendant, as per the attached U.S. Postal
Service Certified Mail, return receipt card.
0' BRIEN, BARIC & SQIERER
BY
11~/(.~
Michael A. Scherer
DATE:
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II Plaintiff
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I[SCOTT MARKLE,
II Defendant
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II Divorce
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I 2. The marriage of Plaintiff and Defendant is irretrievably
Ibroken and ninety days have elapsed from the date of filing the
IcomPlaint.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
95-835 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
~FFID~VIT OF CONSENT
A Complaint in Divorce under section 3301(c)
Code was filed on February 15, 1995.
of the
3.
I consent to the entry of a final decree in divorce.
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II 4. I understand that if a claim for alimony, alimony
'I pendente lite, marital property or counsel fees or expenses has not
I been filed with the court before the entry of a final decree in
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:Idivorce, the right to claim any of them will be lost.
5. 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 prior to a divorce
decree being handed down by the court.
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IImilitary service, of the United
Ilcommonwealth of Pennsylvania.
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6.
I am not a member of the armed forces, nor in active
States of America or the
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.
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Scott L. Markle
Date:
v.
IN THE O)tJRT OF c;cr.n.m PLEAS OF
CUMBERLAND roJNTY, PENNSYLVANIA
95-835 CIVIL TERM
!\MY L, MlIRKLE,
Plaintiff
srorr L. MARKLE,
Defendant
IN DIVORCE
NOI'ICE OF ELECTION 'TO RETAKE MAIDEN NAME
Notice is hereby given that the Plaintiff in the above matter,
having been granted a Final Decree in Divorce fran the Bonds of MatriJrony on
the 23RD day of May, 1995 hereby elects to retake and hereafter use her prior
name of !\MY L, SMITH, and gives this written notice avowing her intention in
accordance with the provisions of the act of May 25, 1939, P.L. 192 (23 P.S.
981, as amended.
Dated: 7- ~O-98
( .;~ 1,-,\ ,j 7h h(2~
!\MY LtJ MARKLE
TO B~ KNOON AS
C^"~Lr
<n1MJNWEALTH OF PENNSYLVANIA
SS.
roJNTY OF CUMBERLAND
,-~~ ,
on the ;to<- day of July, 1995, before me, a notary pubhc,
personally appeared Amy L. Markle to be known as Amy L. Smith, known to me to
be the person whose name is subscribed to the within document, and
acknowledged that she executed the foregoing for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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dareetlc/dlvorce/rrarkle,ntln
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Amtol., F. Unger, NaI.1ry Put>ic
Cnr\;le Ilofn, CIMlblllmid County
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