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HomeMy WebLinkAbout95-01460 " ~ \: ~~ -7 ~ t::' A .::;(~ .', ~:'}:~:~>~:_" i ....... ,p ~ a: ,.' ., :::i' , ' " '" ,'" ,.~.'" ,..,' \,,';,' "~t ':4- .S: .:.i..;'" j '" J. " <J:' , , ','. .~. , ,J , :,,~;~ J, f '<:'1 1\): >.;:~ '.';..1 r' -. 'I: ''l ~:~ ':1' ~ F J -'_I' ''''; . ~~ '.;, "., '.:,; . -," ";-' I:' , ' ,.' '.'r, j' i - .~ .' . ~ . ,,' ,,' '."',,' .,= , o " :r -;1 - ':. . s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF _ PENNA. ~ ~ ~ ~ a ~-, ,', * .. , *~~~~-~~~~~~-~--~--_.~:~~~~~_:~~~~ ~,~ Iii ".' ~ .. ~ ;i! '.' w ',' W ':> ,', * ~ ~ '" * v ',' " ~ ,', ~ -, .. . .. . . . .. . . : ~ ~ ~ ~ ~ $ ~ (. ~ ~ 8 ~ JANE, A ,..PRESTOSH, . >! No, ,..9.5,::,.1/1.6.0.. ....,........,... 19 ,', ~ 8 ~ ,. d " .......Plaintiff, Vl~)"StlS ~ '.' w ',' MICHAELH, PRESTOSH... Defendant w ',' .' ~ '.' DECREE IN DIVORCE " ~ ~ '.. ~q . , ~ I. ~ AN 0 NOW, ' , ,. ,. , , , , ~.~.. . ~ r.~ ", 1 9 . r (:' " it is ordered and decreed that,.,. . ,.,. .,J~.~q. f.",.~r!!.o.1;q?\1. . .. . . . .,., . ..' .. , ,." plaintiff, and. .,.. , MiQha.~l. H,.. .I?ra.o.tooh,. .. ", . ., ., .., . .". " .""" defendant. are divorced from the bonds of matrimony. ~ r; .', ~ ~ ~ w ~.' ~ '.' ~ ~ ~.' .~ ~ w '.' 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; ~ '. ,~ ~ i ~.f ~ ',' w ',' ~ .... ~ '.' ~ ..,. .'r:I1~.!'f.",~H~,l. .!?~.t,t.\9\ll~.~1; .f.Fl.r:Q9\ll.e,I11;" .d.~1;9f:1, ,qq!:P.Qq:r. ,1.4" "~,~!?". i.: . .i?<:'?7!'.~~~ ~~.~ h?r.c: ~':I. ~.v: . 7~.f.c:~~!'1!'.~~. ~.l.\ ~ , ~?, ,~C;>~, .lI!q~!t?~ . ~!'l,t,q . ~tt,i 0 ~ .,. w ... ,', ~ i '.' M ." ~ '" ~ . c:4/L AlIesl: ::;r'.~)t,,<<=<, L' /J~ /4'~""'~ ~n-~ ,k',~.~..t;Z . / 'T7ProlhonOlnry J, ~ p )$ }* i"" i~ 1".- M .' ~ ~.' ~ ~ ~ .-;- ',:';. ,'~.' .,.;. '~.' 'lO.' . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JANE A. PR~U~~~l.ff vs. NO. 95-1~60 CIVIL TERM MICHAEL H. PRESTOSH. Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) ~~~ of the Divorce Code. (Strike out inapplioable section) 2. Date and manner of service of the complaint: Certified Mail Maroh 25. 1995 3. Complete either Paragraph A or B. A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff 10/12/95 i by the defendant 10/12/95 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of service of the plaintiff's affidavit upon the defendant: N/A 4. Related olaims pending: InonronrAtprl in ~pttl~mpn~ Alilreement. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d)(1) of the Divorce Code Dated: 18()cr,::r ioa Marie Co ne. Esquire ttorney For laintiff 3901 Market Street Camp Hill. PA 17011-~227 (717) 737-0/,6/, Pa. S. Ct. No. 53788 . 5. There have been no prior actions of divoroe or for annulment between the parties. 6. Plaintiff has been advised of the availability of oounselins and the risht to request that the Court require the parties to participate in counselins. 7. Neither Plaintiff nor Defendant are members of the Armed Services of the United 8tates or any of its Allies within the provisions of the Soldiers' and Sailors' Civil Relief Aot of 1940 and its Amendments. COUNT I: Divorce Under Section 3301(0) 8. Parasraphs 1 incorporated herein by full. throush 7 of this reference as thoush Complaint are set forth in 9. Plaintiff avers the marriase is irretrievably broken. , 10. Atter ninety (90) days have elapsed trom the date ot tiling ot this Complaint, Plaintift intends to tile an Attidavit consenting to a divorce. Plaintitt believes that Detendant will also tile such an Attidavit. WHEREFORE, it both parties tile Attidavits consenting to a divorce atter ninety (90) days have elapsed trom the date ot the tiling ot this Complaint, Plaintitt respecttully requests the Court to enter a Decree ot Divorce pursuant to Section 3301(c) ot the Divorce Code. COUNT II: Bquitable Distribution 11. Paragraphs 1 inoorporated herein by tull. through 7 of this reference as though Complaint are set forth in 12. Plaint i ff and Defendant have acqui red property, both real and personal, as well as debt, during their marriage from February 11, 1984 until August 19, 1994, the date of separation. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property and debt. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property and marital debt. COUNT III: Coun8el Fees and Costs 14. Parasraphs 1 incorporated herein by full. throush 7 of this reference as thoush Complaint are set forth in 15. Plaintiff has employed Lisa Marie Coyne, Esquire, to represent her but is unable to pay the neoessary and reasonable attorney's fees for said counsel. 16. Plaintiff is unable to sustain herself during the course of this litigation. 17. Reserving the right to apply to the Court for temporary counsel fees, costs, and expenses pricr to the final hearing, Plaintiff raquests that after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, oosts and expenses. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of interim counsel fees, costs and expenses, unt i I hearing and thereupon award such addi t ional counsel fees, costs and expenses as deemed appropriate. I verify that the statements made in this Complaint are true and correot. I understand that false statements herein '2' /Jt 1/11 ,'/)- are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifioation to authorities. I verify that I have reviewed this form with my client and to the best of my knowledge the allegations herein are true and correot. 'h:. t._ a~ Z I 111m: sa Marie Co ne, Esquire ttorney fori laintiff 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 'fS'" AFFIDAVIT OF NOTICE OF COUNSELING I, JANE PRESTOBH sworn according to law, deposes and says: , Plaintiff, beinB duly "-'t "'1 1. ) ~ -<l _. :;, ,';'~"t 2. t~~ 3. 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 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. "4904 relating to unsworn falsification to authorities. i { { t 1 :3 $ -a. -s.. (7J -& ,... -:r - J,.... G? 0 f7? @ ...-;""'; 0 C) r/ 0 ~ ~~ ~; :.. ~~ 0 \(l 0 <1 ~') ';:l ,~~'~,'; Lri \() 0 ~ 0 0 ~ r~'- .-~ t: co - cO ' ";;>., (b ':, ~ ,~.~.;; ~ ~ ~ -:r1 ~ .\d'::; ,\;l" 5 ~ . . , ~ ;-:. ':;;~' ::0:: ~ , " ~, , JANE D. PRESTOSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 95-1460 CIVIL TERM ~ ' t' I, vs. MICHAEL H. PRESTOSH, Defendant , I' " I I , i , i I i i I I I I I DIVORCE AFFIDAVIT OF SBRVICB COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CUMBERLAND ) I, Lisa Marie Coyne, Esquire, being duly sworn according to law, deposes and says that on the 23rd day of March, 1995, did serve a true and attested copy of the Complaint In Divorce Notice to Plead in the above captioned matter on the above named Defendant by depositing same in the United States Mail, certified mail, at the United States Post Office, Camp Hill, Pennsylvania 17011, addressed as i follows (see attached Certified Return Receipt): Mr. Michael H. Prestosh 34 Altocna Avenue Enola, PA 17025 Dated: I( Ar 'IS- , Esquire Sworn to and subscribed before me this JL ~ay of ~~ ~1995' ~u~ ,_ I~' (J 11'-" V ..,/~ {/j/VU QUl'Y Il h / 'J()TA'H..t.&:,A.!. HENr;'iF. COY/\-:.:. a.!~nA1'l"'_nuc AA~ iW~' C~~.l3ffili"'-i:1 co MY COMMISSlGl9nn:;~ ,fJf1r: t 7, 1POO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 95-1460 CIVIL TERM ~'i:l\IU'S IdI'O'1I Wn"IIDU\I; WI ~A lju,U ~ ~ B ~i ~ a cr' &J .~~ ! ~i .~- 'v>~ II: ....2 . 0- . i a::;':' I :i )1 i ~ j ~l~ i i 'i = ~ a: .5 ~ ODD ~:s- CJ ll.~ 0 0., ~ ! 'ii ~ ~1 ti 11 ~.:.:,.: N I z'l>> ... ~ ::E c!l -1.11 W -:U uf~'!.; ~ I os J! ~ ! I Ii R ~l ~ ! ~ ~1 Q ~= Ii ~ #D~D ~ alII ~ lIlt ~v . 1 8 I ,'l:; ~ \- 'I~~h ~~ ~ 1 I t II ~,.... I I I 8f ..... ~ ' !,; 8 ~}ll "'...., 'l:;. -a;i I ! li 1 "" HUll I' 1 " 1 . JHi1lil !~~ ~ ~ 151'11:11, fi. ~ ~ ~ "< ffi hllinj: "J ~ tn...e.I.. . t'P1.1 .....A.I Iil' uo p.,ltdwoo JANE D. PREST08H, PlAintiff VB. MICHAEL H. PREBTOSH, Defendant DIVORCE P t28 D59 833 p~ E:S s.~ ~ ecelpt for Certified Mail '. No Insurance Cover ago Provided ~ 00 not use for International Mall """'""..., ISco Revorsol 1',,;1"'1" I 7"; :, $ . ",r'.-tl,.. ',1',...,,;.,..,,....,1,., H,..."""',1 1>'0""<', I.,., ~ ... .; ll! lnoA., ( { ( ( "" en >.~ ~.... ~-;;~ ut'.._.,~ '~~i:..."<., u: g {.~ -,;; '",' .-.. :':'-' ~.:. .' ,. ; . ''''-;V'I f .~ ,'! 7- " ~"- ~... :.c . :W/''':-,I.U ;,;.:..::. ~.'1.. t'::;C: ::> ...'" '" - :s: 0- N \I> ("oJ ...., - ... .:i ( l ( ( " ,'I JANE D. PRESTOSH. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA va. NO.95-1~60 CIVIL MICHAEL H. PRESTOSH. Defondant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1, A Comp14int in Divorce under Section 3301 (c) .Q.I'- 3~O~'d')- of the Divorce Code W4S filed on the 72"c d4Y of /11,h!cH I 19"1.,- ,2, The m4rriase of the Plaintiff and Defendant is irretrievably broken 4nd ninety (90) days h4ve elapsed from the date of the filing of the Complaint. ,3. I consent to the entry of 4 fin4l decree in divorce. 4. I understand that if a claim for alimony. alimony pendente lite, m4rital property or counsel fees or expenses has no~ been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. "4904, relating to unsworn falsification to authorities. ')'/'1 ,/;/~" /1) ~~~ '- .: t /.1 V {t U i v .. II! J I Plaintiff Dated: k!l2/(j;;- 1 I U"> en - - - :::,-:; :x: c- o o (Y) :.:.~ ", : ~ :'~...; ;~ D. -~', ." C"'l - .... => ....';"" (_0". JANE D. PRESTOSH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 95-1~60 CIVIL " vu. MICHAEL H. PREST08H, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONnKNT 1. A Complaint in Divoroe under Section 3391(0) or 3301(d) of the Divoroe Code waD riled on the_' ,'",( day of tJ1H-1!rti ,19'/, 2. The marriase or the Plaintifr and Defendant is irretrievably hroken and ninety (90) days have elapsed from the date of the Ciling or the Complaint, 3. I oonsent to the Qntry of a findl deoree in divorce. 4. I understand that ir a claim ror alimony, alimony pendente lite, marital property or oounsel fees or expenses has not been riled with the Court before the entry of a final decree in dlvoroe. tho risht to olaim any of them will be lost, I verify that the statements made in this affidavit are true and corroot. r undorDtand that falso statements herein are made subject to the penalties of 10 Pa. C.S. "4904, relatins to unsworn falsifioation to authorities. Dated; Ii r e4- () ~ !..,t) JI ,'.<)1 Yo';;;>""- erendant .- oJ Ln .. c:T> , - , . = . ., ~ ''';, " <n ~. . LI1 L. , <'" .. c:T> - .. " U = ,', ~ ; ~ 1195 -14~o ~ Te,f'l SBPARATION AND PROPBRTY SBTTLBMENT AGRBBMENT This Asreement. mcde this -1" ("2. "'dcv of 0<...\0 k 1995, by and between JANE A. PRESTOSH. hereinafter referred to as "Wife". and MICHAEL H. PRESTOSH, hereinafter referred to as "Husband". WIT N E SSE T H WHEREAS. Husband and Wife were lawfully married on February 11, 198~; and WHEREAS. certain differences hcve have crisen between the parties as a result of which they have separated and now live separate and apart from one another. and are desirous of settlin~ fully and finally their respective financial and property ri~hts and obli~ctions as between ecch other. includins. without limitation by specification: 1. The settlin~ of all matters between them relatin~ to the past. present, end future support and/or maintenanoe of Wife by Husband or of Husband by Wife; and 2. In ~eneral. the settlin~ of any and all claims and possible claims by one al{ainst the other or a~ainst their respective estates for equitable distribution of all marital property: and JF ; 1 \ . 3. A resolution of all marital responsibilities and ri~hts ~rowin~ out of the marria~e relationship; and WHEREAS. the parties hereto, after bein~ properly advised by their respective counsel. Wife by her attorney. Lisa Marie Coyne. Esquire. and Husband who has had an opportunity to consult with his own le~al counsel but has chosen not to, have come to the followin~ a~reement. NOW THEREFORE. in consideration of the above recitals and the followin~ covenants and promises mutually made and mutually to be kept the parties heretofore. intending to be le~ally bound and to le~ally bind their heirs. successors, and assigns tho!,eby, covenant. promise, and agree as follows: 1. SEPARATION: It shall be lawful for eaoh party at all times hereafter to live separate and apart from eaoh other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authori ty and contact by the other, as fully as if he or she were sin~le and unmarried, except as may be ~)t' 2 ~ necessary tc carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other. ncr compel the other to cohabit with the other. nor in any way harass or malign the other. nor in any way interfere with the peaceable existence, separate and apart from the other in all respects as if he or she were sin~le and unmarried. 3. WIFE'S DEBTS: Wi fe represents and warrants to Husband that since th~ir separation on Au~ust 19. 199~. she has nct, and in the future she shall not, contract or incur any debt or liability for which Husband or his Estate mi~ht be respcnsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reason of debts or obli~ations incurred by her. " . HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on AUl'iust 19, 199". he has not. and in the future he will not. contract or incur any debt or liability for which Wife or her Estate mil'iht be responsible and shall indemnify and save Wife harmless from any and all claims and demands made al'iainst her by reason of debts or obli~ations incurred by him. ]I} 3 tR disohar~ed. and by herself, and his this Agreement or her heirs, does legal for himself or representatives, release and exeoutors, administrators. and assigns. disoharge the other of and from all oauses of aotion, olaims, rights or demands whatsoever in law or equity whioh either of the parties ever had or now have allainst the other, exoept any or all oause or oauses of aot ion for divorce and except in any or all causes of action for breach of any provision of this A~reement. Eaoh party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Seotion 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501, ~ ~. and taking into aocount the followinp; oonsiderations; the lenli:th of marriap;e; the fact that it is the second marrialle for Wife and first marriage for Husband; the a~e, health. station, amount and sources of inoome, vocational skills, employability, estate. I iabil i ties and needs of each of the parties; the contribution of eaoh party to the education, training for increased earninli:s power of the other party; the opportunity of each party for future acquisitions of capital assets and -w 5 ~ income; the sources of income or of both parties, includin~ but not limited to medical. retirement. insurance or other benefits; the contribution or dissipation of each party in the acquisition. preservation, depreciation or appreoiation of the marital property. including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of livinF{ that the parties established in the marriage; and the eoonomio oiroumstanoes of eaoh party at the time the division of property is to beoome effeotive. The division of existing marital property is not intended by the parties to oonstitute in any way sale or exohanFte of assets, and the division is bein~ effected without the introduction of outside funds or other property not oonstitutin~ marital property. The division of property under this A~reement shall be in full satisfaction of all marital ri~hts of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have affected a satisfaotory division of the furniture. household furnishings, applianoes and other household personal property between them and they mutually aF{ree that each oj\) 6 ~ party shall trom and atter the date hereot be the sole and separate owner ot all such tan~ible personal property presently in his or her possession, and this A~reement shall have etfect of an assi~nment or bill of sale from each party to the other tor such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves to their mutual satisfaction, all items of tanflible and intanlliible mari tal property. Nei ther party shall make any claims to any such items of marital property, or of the separate personal property of each other, which is now in the possession and/or under the control of the other. Should it become necessary, the parties each a~ree to sisn, upon request. any titles or documents necessary to sive ettect to this paralliraph. Property shall be deemed in the possession or under the control of either party if, in the case of tan~ible personal property, the item is physically in the possession or control of the party at the time of the si~nin~ of this Allireement and, in the case of intanflible personal proparty, if any physical or written evidence of ownership. such as passbook, checkbook. policy or certificate of insurance or other similar writin~ is in the possession or oontrol of the party. Husband and Wife shall -re 7 f~ County. Pennsylvania, subject to the first mort~a~e held bY Chase Manhattan Mortlltallte Corporation and the second mort~allte/home eauity loan No. 6505/,01062/,533 held by Meridian Bank in exchanllte for which Husband alltrees to take the necessary steps to ref1nance the mort~alltes to remove Wife's name from same if applicable. Until completion of retinancin~, Husband a~rees to be solely responsible for the payment of all future mortJ;!allle payments. taxes. insurance and utility bills relative to said real estate. Husband covenants and aJ;!rees to pay and discharllte the existinllt mort~a~e obli~ations on said premises in accordance with its terms. and a~rees to indemnify Wife from any loss by reason of her default in the pavment thereof and a~rees to save Wife harmless from any future liability with relltard thereto. Husband shall complete the reauired refinancinllt within thirty (30) dayo from silltnin~ of this Alltreement. In the event that he has not or cannot refinance the home within that time frame, then that home shall immediately be listed for sale with a multi-state realtor and shall be sold with no reasonable offer beinllt refused. Husband shall be fully responsibl€ for the cost of sale and for any tax consequences resultin~ from the sale of the home and Husband shall retain all proceeds from the sale of the home. 9 \!,R rf Husband a~rees to transfer to Wife immediately upon si~nin~ this A~reement. all of his interest in. title, or claim to the real property known as /,30 North Enola Drive. Enola. Cumberland County. Pennsvlvania. sub.;ect to any existin~ mort~age on the same property. Said property was purchased durin~ the term of the parties' marria~e. Wife covenants and a~rees to pay and dischar~e the existin~ mort~a~e obli~ation. if any. on said premises in accordance wi th the terms of the mort~a~e obl i~at ion and a~rees to indemnify Husband from any loss by reason of her default of the payment thereof and a~rees to save Husband harmless from any future liability with re~ard thereto. C. TAX LIABILITV: The parties believe and a~ree that the division of property heretofore made by this A~reement is a non-taxable division of property between co-owners rather than a taxable sale or exchan~e of such property. Each party promises not to take any position with respect to the ad.;usted basis of the property assi~ned to him or her or wi th respect to any other issues which is inconsistent with the positions set forth in the precedin~ sentences on his or her Federal or State Income Tax Return. 10 J :II' 8. MOTOR VEHICLES: Wi th respeot to the motor vehioles owned by one or both of the parties, they agree as follows: A. The 1992 Ford Tempo whioh is marital property as it was purchased durin~ the time of marria~e, is titled in Wife's name, and shall be the exclusive property of Wife. Husband a~rees to transfer any ri~ht. title, or interest which he may have in Wi fe's Ford Tempo and Wi fe aFlrees to assume full responsibility for any lien whioh exists a~ainst this said vehiole in and for the amount if any, remaininFl on the PSECU loan utilized in the purohase of this vehicle. Wife a~rees to indemnifv Husband from any loss by reason of her default in the pavment of the loans utilized to finanoe the purohase of either vehicle referenced in this subpara~raph and a~rees to save Husband harmless from any future liability with regard thereto; and B. The 1989 Ford Aerostar van whioh is marital property as it was purchased during the time of marriaFle, and is titled in Husband's name shall be the exolusive property of Husband. Wife a~ree9 to transfer any riFlht, title or interest which she maY have in said Aerostar van. Husband a~rees to assume full responsibility for the lien, if any. whioh exists against the 1989 Ford Aerostar van. 11 t~~ 'Ii) C. The titles ot the same motor vehicles shall be executed by the p4rties, it 4ppropri4te tor 4ttectin~ tr4nster 4S herein provided on the d4te ot execution ot this A~reement 4nd the ~4id executed title sh411 be delivered to the proper party on the distribution date. 9. PENSION AND RETIREMENT BENEFITS: The p4rties reco~ni2e that Wite h4S 4 pension 4nd retirement p14n throulOih the Commonwe41 th ot Pennsylv4ni4 under the St4te Employees' Retirement System. Husb4nd 4lOirees to w4ive 411 rilOiht. title and interest to these 4ssets. The parties reco~ni2e th4t Husb4nd h4S 4 pension 4nd retirement p14n resultinlO; trom his employment with the Commonwe41th ot Pennsylv4ni4. Dep4rtment ot Tre4sury. Wite 4lOirees to w4ive 411 rilOiht. title 4nd interest in these 4ssets. 10. HEALTH INSURANCE: Atter the d4te ot entry ot the Deoree in Divorce. the p4rties sh411 be rasponsible tor obtainin~ their own individual health insurance oovera~e. -rC 12 J 11. ALIMONV: Both parties acknowled~e and a~ree that the provisions of this A~reement providins for equitable distribution of marital property are fair. adequate and satisfactory to them and are accepted bY them in lieu of a full of final settlement and satisfaction of any claims or demands that either may now or hereinafter have a~ainst the other for support. maintenance. or alimony. Husband and Wife further. voluntarilY and intelliRently. waive and relinquish any ri~ht to seek from the other any payment for support or alimony. 12. ALIMONV PENDENTE LITE. COUNSEL FEES, AND EXPENSES: Husband and Wife acknowled~e and a~ree that the provisions of this A~reement provldin~ for the eauitable distribution of marital property of the parties are fair, adeauate and satisfaotory to them. Both parties a~ree to accept the provisions set forth in this ARreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have aRainst the other for alimony pendente lite. counsel fees or expenses or any other provision for their support and maintenance before. durin~. and after the commencement of these proceedinRs for divorce or annulment between the parties. 13 J - }1" , , 13. COUNTRY COUSINS: The parties acknowled~e and a~ree that durin~ the time of their marria~e, in 1992 the Wite undertoolt a business enterprise operatinra: under the fiotitious name of Country Cousins looated at 1,30 North Enola Drive. Enola, Cumberland County, Pennsylvania. Wife a~rees to aooept full responsibility for all debts and obli~ations inourred since the oommenoement of this business enterprise and warrants and guarantees that Husband shall not be liable for any debts or oblil'lations owed by or inourred on behalf of or for the benefit of the said business. Husband al'lrees to waive all ril'lht, title, and/or interest in any of the said business assets of Country Cousins to inolude oash reoeipts. inventory and aocounts reoeivable from the oommenoement of the business enterprise to date. 1~. INCOME TAX PRIOR RETURNS: The parties have hereunto filed oertain joint Inoome Tax Returns and the Husband represents and warrants to the Wife that he has heretofore duly paid all Inoome Taxes due on suoh returns; and he does not owe any interest or penalties with respeot thereto; and that no tax defioienoy is pendin~ or threatened al'lainst him: and that no audit is pendinl'l with respeot to any suoh return. If there is any defioienoy assessment on l'(' ~ 1/, any of the aforesaid returns, the Husband shall Ftive Wife immediate notice thereof, in writin~. The Husband further warrants that he shall pay the amount ultimately determined to be due, to~ether with interest and penalties. if any, as well as all expenses that may be incurred if he decides to contest the assessment. 15. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may depose of his or her property in any way, and each property hereby waives and relinquishes any and rill(hts he or she may now have or thereafter acquire, under the present or future laws of any jurisdiction, to share in the property of the estate of the other as a result of the marital relationship, includinFt without limitation, dower, curt~ey, statutory allowance, widow's allowance. ri~ht to take intestacy, riFtht to take ajl(ainst the will of the other, and rill(ht to act as Administrator or Executor of the other's estate. Each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest. rill(hts, and claims. ~ 1f 15 16. MUTUAL CONSENT DIVORCE: The part ies agree and acknowled~e that their marriage is irretrievably broken. that they do not desire marital counselinfil. and that they both consent to the entry of a Deoree in Divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties a~ree to forthwith execute such consents. affidavi ts. or other documents and to direct their respective attorneys to forthwi th fi le oonsents, aff idavi ts. or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 23 Pa. C.S.A. Section 3301(c). Upon request to the extent permitted by law and the applicable Rules of Civil Procedure, the named Defendant in such divorce action shall execute any waivers of notice or other waivers necessarv to expedite such divorce. It is the intention of the parties that the A~reement shall survive any action for divorce which may be instituted or prosecuted by either party and no Order, Jud~ment or Decree in Divorce, temporary, final or permanent shall affect or modify the financial terms of this A~reement. This A~reement shall be incorporated but shall not be mer~ed with said Jud~ment or Decree of final Divorce. but shall be incorporated for the purpose of enforcement only. Jf J 16 , , , , 17. BREACH AND ENFORCEMENT: If either party breaches 5ny provision of this A~reement. the other p5rty sh511 h5ve the ri~ht, 5t his or her election, to sue for d5ma~es for such breach, or seek such other remedies or relief as m5V be 5vail5ble to him or her. 5nd the party breachin~ this A~reement sh511 be responsible for payment of le~51 fees 5nd ccsts incurred by the other in enforcin~ his or her ri~hts under this A~reement. 18. ADDITIONAL INSTRUMENTS: E5ch of the parties sh511 from time to time. at the request of the other, execute. 5cl(nowled~e 5nd deliver to the other party any and 511 further instruments that may be re5sonablv required to ~ive full force and effect to the provisions of this A~reement. 19. TAX ADVICE: Both parties hereto hereby 5cknowled~e 5nd a~ree th5t they h5ve had the opportunity to ret5in their own accountants. certified public accountants, tax advisor, or tax attorney with reference to t5X implioations of this A..:reement. Further neither p5rty h5s been ~iven any tax advise whatsoever bv their respective attornevs. Further. both p5rties hereby aoknowled~e th5t thev have been advised, by their respective attorneys. if any, to seek their own independent tax advise bv retaininl': lyJ 17 -~~ an accountant. certified public accountant, tax attorney. or tax advisor with reference to the tax implications involved in this A~reement. Further. the parties acknowled~e and a~ree that their si~natures to this A~reement serve as their acknowled~ment that they have read this particular para~raph and have had the opportunity to seek independent tax advice. 20. VOLUNTARV EXECUTION: The provisions of this A~reement and their le~al effect have been fullY explained to the parties by their respective counsel. and each party acknowled~es that the A~reement is fair and equitable. that it is bein~ entered into voluntarily. with the full knowled~e of the assets of both parties. and that it is not the result of any duress or undue influence. The parties acknowledEle that they have been furnished with all information related to the financial affairs of the other which has been requested bY each of them or by their respective counsel. 21. ENTIRE AGREEMENT: This A~reement contains the ent ire unders tandinll: of the part ies. There are no representations. warranties. covenants. or undertakin~s other than those expressly set forth herein. Husband and Wife acknowledll:e and a~ree that the provisions of this --Jl) J 18 . .' . . A~reement with respect to the distribution and division of marital and separate property are fair. equitable and satisfactory to them based on the len~th of their marria~e and other relevant factors which have been taken into consideration by the parties. Both parties herebY accept the provisions of this A~reement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all olaims and demands that they may now have or hereafter have a~ainst the other for equitable distribution of their property by any Court of competent .iurisdiction pursuant to 23 Pa. C.B.A. 8ection 3501. ~ ~ or anY other laws. Husband and Wi fe each voluntarily and intelli~ently waiver or relinquish any ri~ht to seek a court ordered termination and distribution of marital property but nothin~ herein contained shall constitute a waiver of either partv of anY rill;hts to seek the relief of any Court for the purpose of enforcin~ the provisions of this A~reement. 22_ DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest. the sources -If 19 ~ . ., ., parties hereto that each para~raph hereof shall be deemed to be separate and independent covenant and a~reement. 27. APPLICABLE LAW: This A~reement shall be construed under the laws of the Commonwealth of Pennsvlvania. 28. VOID CLAUSES: If any term. condition. clause. or provision of this A~reement shall be determined or declared to be void or inval id in law or otherwise, then only that term. condition. clause. or provision shall be stricken from this A~reelDent and in all other respects this Agreement shall be valid and continue in full force. effect and operation. 29. AGREEMENT BINDING ON HEIRS: This A~reement shall be bindin~ and shall inure to the benefit of the parties hereto and their respective heirs. executors. administrators. successors. and assi~ns. IN WITNESS WHEREOF. the parties hereto have set their hands and seals the dav and year first above written. . 1m.:! k~ dJ - II.h\/~".1 >(J Sit'I"- (, 'I t...et 4 c/ tTttn ~ / I i I 1":;> , ! )/J~' "1: ( ,,/ 1['- /, ~ . ,_ ~ ell, ~ JANE A. PRE OSH (SEAL) .' ~n Cl ~ _/1_ fJ J1~).";/~,,-1 j ~~ MICHAEL H. P ESTOSH (SEAL) 21