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HomeMy WebLinkAbout02-3972ANGLE OTT, RICK A. OTT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : :.o. : Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT~ You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you including custody or visitation of your children. When the grounds for the divorce are 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 854-8755 ANGLE OTT, RICK A. OTT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . V. : : NO. : Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OR SECTION 3301~D~ OF THE DIVORCE DECREE CODI' AND NOW, comes the Plaintiff, Angle Ott, by and through her attorney, of The Law Office of Darrell C. Dethlefs, seeks to obtain a Decree in Divorce from the Bonds of matrimony with the above-named Defendant and in support of her Complaint avers the following: 1. Plaintiff, Angle Ott, is an adult individual, who currently resides at 950 South 31't Street, Camp Hitl, Cumberland County, Pennsylvania. 2. Defendant, Rick A. Ott, is an adult individual, who currently resides at 950 South 31st Street, Camp Hill, Pennsylvania. 3. Plaintiff has been a bonified resident of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on September 25, 1982 in Wichita, Kansas. 5. The Plaintiff and Defendant are citizens of the United States of America. 6. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. Plaintiff has been advised of the availability of counseling and that she and the Defendant may have the right to request that the Court require the parties to participate in such counseling. The parties mander into a written agreement with regard to support, alimony, and property division. In the event that such an agreement is entered into, the agreement may be incorporated by the Court into the final decree of divorce. COUNT! REOUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDCW.,%_' UNDER 3301(C) OF THE DIVORCE CODF The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. 11. Affer ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that the Defendant may also file such an affidavit consenting to a divorce. 12. Plaintiff has been advised of the availability of counseling and that she and the Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits consenting to divorce after ninety (90) days have elapsed from filing of the Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(C) of the Divorce Code. COUNTI! 13. REOUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOW~ UNDER 3301(D) OF THE DIVORCE CODF The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 14. 15. 16. The Marriage of the parties is irretrievably broken. Affer a period of two (2) years has elapsed form the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. Plaintiff has been advised of the availability of counseling and the Plaintiff and Defendant have the right to request the Court to require parties to participate in such counseling. Yi~rlEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3501(D) of the Divorce Code. Date: By:. R es~,~l~/S~ed; Colin K.'~'~n, Esquire Attorney I.D. P.O. Box 368 Camp Hill, PA 17001 (717) 975-9446 Attorney for Plaintiff ANGLE OTT, RICK A. OTT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : NO. : Defendant : CIVIL ACTION - LAW : IN DIVORCE I hereby verify that the statements of fact made in the foregoing Complaint in Divorce, are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Angle Oft ANGLE OTT, RICK A. OTT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : .o. : Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Plaintiff, Angle Ott, by and through her attorney, Colin K. Lydon, Esquire, seeks to obtain Alimony Pendente Lite in the above matter and in support thereof, avers the following: The Plaintiff, Angle Ott, social security number 371-74-2197, date of birth May 31, 1953, presently resides at 950 South 31st Street, Camp Hilt, Pennsylvania 17011. Defendant, Rick A. Ott, social security number 184-48-9557, date of birth July 21, 1958, presently resides at 950 South 31't Street, Camp Hill, Pennsylvania 17011. Plaintiff has filed a Complaint for Divorce pursuant to Section 3301(C) and 3301(D) of the Divorce Decree Code. 3. The parties were married in Wichita, Kansas on September 25, 1982. 4. The marriage of the parties is irretrievably broken. In the course of the marriage between the parties, the Plaintiff has been dependant upon the earnings of the Defendant to provide for her needs. WHEREFORE, the Plaintiff respectfully requests alimony pendente lite in the above matter. Date: By: Colin K. Lydon, Esquire Attorney I.D. P.O. Box 368 Camp Hill, PA 17001 (717) 975-9446 Attorney for Plaintiff ANGLE OTT, RICK A. OTT, : iN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : : NO. : Defendant : CIVIL ACTION - LAW : IN DIVORCE I hereby verify that the statements of fact made in the foregoing Petition for Alimony Pendente Lite, are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Angie Ott ANGLE OTT, V. RICK A. OTT, Plaintiff Defendant IN THE COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA NO. 02-3972 CIVIL ACTION - LAW DIVORCE ACTION MARRIAGE SETTLEMENT AGREEMENT TInS AGREEMENT is made and entered into between ANGLE OTT and RICK A. OTT, hereinafter referred to as Husband and Wife. The parties were married on September 25, 1982. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their propen'y fights, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: The consideration for this Agreement is the mutual promises and agreements herein contained. 2. Sr, PSdO TIO aZ O NOm iT RImRE C A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to thae choose or deem fit. B. Each 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 bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which either oftbe parties ever had or now has against the other, except any or all cause or causes of action for divorce. The provisions of this A~,recment and their legal effect are fully understood by each party to this agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and wife each represent and warrant to the other that he or she has made a full and complete disclosure to the Initials /~/q~) fifO- 1 other of all assets of any nature whatsoever and of all other facts relating to the subject matter of this Agreement. Both parties represent that the terms of this A4~reement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. Wife is represemed by Michael J. Pykosh, Esquire of the Law Office of Darrell C. Dethlefs. Husband is not represented. Husband has been advised that he should obtain represemation. Husband understands that the Law Office of Darrell C. Dethlefs represents his wife solely. 5. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represem to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto t~om commencing, instituting or prosecuting any action or actions for divorce upon just, legal and proper grounds; nor to prevant either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represemed by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agr~nnent. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpose of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 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 necessary to expedite such divorce. Initials ,4',4o ~rO~ 2 7. DMSION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband as of~, shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife as of~ shall be the sole and separate property of Wife. The parties do hereby specifically w~e,"~re~d~c~,~r~nounce and forever abandon whatever claims, if any, he or she may have with respect to the above Rams, which shall become the sole and separate property of the other. $. MARITAL RESIDENCE ~ Husbandfl~g~e~t~ refinance the marital residen~JmT, a~,ed at 950 South 31~t Streffi~,~p Hill, Pennsylva~ithin ninet~ (90) days of signing thi~eement ~nd pay wife on~t_h_ef_q_~h~.~ equity~tTall be calculated lily taking the as~s payo~SJ of all mortgages.~ga ~ ,t~the ' ' execute a ' 9. VEHICLES Husband and wife agree that each shall retain the automobile currently tiffed in their name. Husband and wife shall be solely responsible for the automobile solely title in their respective names. 10. LIABHII]ES Husband and Wife agree that the marital debt has been divided. Each shall be responsible for their respective debts. Initials 11. AIrIER-ACQUIRED PERSONAL PROPERTY Each of the parties shall herea_Qer own and enjoy, independently of any claim or fight of the ~ ~----I( :lo~ other, all items of personal property, tangible or intangible, acquired by him or her after ~:Ftgm~cr 2, ~ '~ 2002, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unman'led. 12. DIsPOSITION OF PROPERTY From and at~er the date of the signing of this Agreament, both parities shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of proj?erty. Initials ff~rv 3 Husband agrees to maintain current life insurance policies naming Derek Ott as beneficiary and agrees not to change said beneficiary. 14. PAYMENT OF SPECIFIED OBLIGATION .S The parties agree that the following constitute joint marital obligations, which shall be paid by the following person: A. Wife - 1. All debts incurred by wife since the parties separation. 2. Any loan on the automobile titled solely m wife s nam . B. Husband - 1. All debts incurred by Husband since the parties separation. Each party is responsible for their own legal fees with respect to this matter. 16. ~ Both parties acknowledge and agree that the provisions of 'this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereat~er have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, volumarily and intelligently, waive and relinquish any fight to seek from the other any payment for spousal support, maintenance, alimony pendente lite or alimony. Initials ~_ ~j~______ 17. pENSION PROGRAM Wife shall be entitled to one half of husband's retirement from the United States Ak Force. Husband agrees to execute all documents within ten (10) days of,service of the same upon husband in order to effectuate the same including a Qualified Domestic Relations Order. All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said .asset. The parties believe and agree, that the division ofprope~! hereto made by this Agreemem is a non-taxable sale or exchange of such property. Each party protvfises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding senteace on his or her federal or state income tax returns. 19. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this A~reemem. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS .- Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other afrer the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereat~er incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABIL1TY - If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreemem and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written assignmems, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuafion of this agreement, and as thek respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parities, and there are no representations, warranties, convenants, or undertakings other than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and fi-om to time to time hereafter, take any an all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OR 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 in no way affect the right of such party hereatter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar mature, nor shall it be construed as a waiver of strict performance, of any other obligations herein. K. ItEAI)INGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or referenced and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER Olr CLAIMS AGAINST ESTATES - Except as herein otherwise provide, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereae~er acquire, under the presem or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, their statutory eqmvalents, wadow allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the others estate, and each party 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 interests, rights and claims. M. ATTORNEY'S FEES FOR E..NFOR. CEME. N_T.;_I~ ~.e.~esVeelnttotha~tsiesittih2;~fo~trcYing the breaches any provision of this Agreement, and We otlaer party retemt~ ~uva., terms thereof, the parties hereby agree that the breaching party will pay for all reasonable attorney's fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WltEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ?~_ day of__~?~'s~-' ~ 2003. esence of Angle Ott Initials ~)~ ..]~_ ANGLE OTT, V. RICK A. OTT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3972 : CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Rick A. Ott, hereby accept service of the divorce complaint. (Mailing A/ddre~) ANGLE OTT, ¥. RICK A. OTT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3972 : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in DivorCe under Section 3301(c) of the Divorce Code was filed on or about August 20, 2002. 2. The marriage of Plaintiff and Defendant iS irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property, counsel fees, or expenses has not been filed with the Court before the entry of a final decree in divorce, the dght to claim any of them will be lost. I verify that the statements made in this Affidavit are tree and cotTect. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: Angie Ott, Plaintiff ANGLE OTT, V. RICK A. OTT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3972 : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ;,f the Divorce Code was filed on or about AuguSt 20, 2002. 2. The rear, age of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, mantal property, counsel fees, or expenses has not 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authonties. Date:/,~ ,~/~/~, ~v~3 Rickp. Ott, Defendant ANGLE OTT, V. RICK A. OTT, Plaintiff Defendant : IN THE cOURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3972 : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDF. R SECTION 3301{C~ OF THE DIVORCE CODE 1, I consent to entry of a final decree of divorce without notice, 2. I understand that I may lose Hghts concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce, is granted. 3. I undelstand that I will not be divorced until a divorce decree is entered by the Cou[t and that a copy of a decree will be sent to me immediately after it is filed with the Pmthonolary. I ve;ify that the statements made in this affidavit am tree and correct. I understand that false statements heroin am made subject to the penalties of 18 Pa. C.S.A.Section 4904 relating to unswom falsirmation to authorities. Date: ~" I o Angle Ott, Plaintiff ANGLE OTT, V. RICK A. OTT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND cOUNTY, PENNSYLVANIA : NO. 02-3972 : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~_¢TION $:~01(Ct OF THE DIVORCE CO~; 1. I consent to entry of a final decree of divorce without notice. 2. I undemtand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I undemtand that I will not be divorced until a divorce decree is entered by the Court and that a copy of a decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I undem'tand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.Section 4904 relating to unswom falsification to authorities. C2 ANGLE OTT, RICK A. OTT, To the Prothonotary: Transmit the record, togE 1. Ground for di~ Code. (Check 2. Date and man Certifind Mail ~ 3. (Complete eith (A) Da Code: By I: (B) (1) Divorce Co (2) 4. Related claim= 5. (Complete eith( (A) Dal acd (B) Dat, Aua, Date Auat laintiff ~fend~m : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002.3972 : CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD ~er with the following information, to the Court for entry or' a divorce decree: Drce: irretrievable breakdown under Section (x) 3301 C ( ) 3301 D of the Divorce applicable code) ,er of service of the complaint: ,n 03-15-03. Acceotanco of Service siqned and filed. Dr paragraph (A) or (B).) e of execution of the affidavit of consent required by Section 3301 (C) of the divot laintiff 08-12~03; by defendant 08-12-03. Date of execution of the plaintiff's affidavit ~luimd by Section 3301 (D) of the ]e: N/A; Date of filing and service of the plaintiff's affidavit upon the respondent ..N/A. )ending: None '" (a) or (b),) --' and manner of service of the notice of intention to file Praecipe to transmit rocor ! of which is attached: plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: st 12. 2003. defendant's Waiver of Notice in § 3301 (c) Divorce filed with the Prothonotary: st 12. 3003 Darrel~IC.~et hlefs, Esquire Attorney Identification No. 58805 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff IN TH :' COURT OF COMMON PLEAS OF CUMBERLAND COLINTY Angie Ott STATE OF ~ PENNA. NO. 2'002-3972 SUE DECREE IN DIVORCE AND NOV~ ~-~ Z~ , ~ IT I$ ORDERED AND DECREED THAT ~n~ip {'}/'t' , PLAINTIFF, AND Rick A. tt , DEFENDANT, ARE DIVORCED OM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF ~ECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTER !D; This Order il cor~tes the terms of the ma~ _settlement ~ ~eement. VE R~ak A. n1'1' BY THE COURT: ROTHONOTARY Plaintiff Angle Ott V. Defendant Rick A. Ott In The Court Of Common Pleas Of Cumberland County, Pennsylvania Docket No. 02-3972 In Divorce MILITARY QUALIFYING COURT ORDER IT IS HEREBY ORDERED AS FOLLOWS: 1. Acknowledgment: The parties acknowledge that Rick A. Ott is currently receiving a military retirement benefit based on his service in the United States Air Force. The parties further agree that his former spouse, Angle Ott, has an interest in such military retirement benefits, and shall receive from Rick A. Ott's disposable military retired pay an amount as set forth below. Further, Rick A. Ott shall assist Angle Ott in submitting any application(s) necessary to secure her share of his disposable military retired pay as awarded herein. 2. Military Member Information: The name, last known address, social security number, and date of birth of the "Member" are: Name: Rick A. Ott ("Participant") Address: 950 South 31st Street, Camp Hill, Pennsylvania Social Security Number: #184-48-9557 Birth Date: July21, 1958 17011 3. Former Spouse Information: The name, last known address, social security number, and date of birth of the "Former Spouse" are: Name: Angie Ott ("Former Spouse") Address: 965 Bosler Avenue, Apt. A, Lemoyne, Pennsylvania Social Security Number: #371-74-2197 Birth Date: May 31, 1953 17043 The parties hereto were husband and wife, and a divorce action is in this Court at the above number. The parties were married on September 25, 1982. 4. Assignment of Benefits: The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Member. 5. Observance of Member's Rights Under the Soldier's and Sailor's Civil Relief Act of 1940: The Member's rights under the Soldiers' and DRAFTED: 11/6/03 10-16-03-173-977Q Sailors Civil Relief Act of 1940 (50 App U.S.C. Section 521) were observed by the Court during this proceeding. 6, Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. 7, Amount of Former Spouse's Benefit: This Order assigns to the Former Spouse an amount equal to Fifty Percent (50%) of the Member's disposable military retired pay. 8. Cost of Living Adjustments: In addition to the above, the Former Spouse shall receive a pro-rata share of any post-retirement cost-of-living adjustments ("COLA") made to the Member's benefits on or after the date of this Order. 9, Duration of Payments.' The Former Spouse shall begin to receive her share of the benefits as soon as administratively feasible following the date that this Order s approved by DFAS or the appropriate Military Pay Center. The Former Spouse shall continue to receive such benefits during the joint lives of the parties, and, to the extent permitted under law, irrespective of the future marital status of either of them, they shall terminate only upon the death of either Member or Former Spouse. 10. Survivor Benefit Plan ("SBP") Protection for Former Spouse: The Court hereby orders that the Former Spouse shall be treated as the Member's irrevocable beneficiary under the Survivor Benefit Plan ("SBP"). The Member shall be required to make the necessary election in a timely manner to effectuate the SBP coverage for the Former Spouse and shall execute such paperwork as is required. The leve of SBP coverage required for the Former Spouse shall be that which will provide her with the same benefit payments after the Member s death that she was eligible to receive or receiving before his death. 11. Jurisdiction: The jurisdictional requirements of 10 USC Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 12. Duration of Marriage Acknowledgment: The Member and Former Spouse acknowledge that they have been married for a period of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married on September 25, 1982. 13. Overpayments: The Former Spouse agrees, that..any future overpayments to her are recoverable to involuntary collection trom ner estate. 14. Notification: The Former Spouse agrees to notify DFAS about any affecting these provisions of it, or in the eligibility of any recipient receiving changes benefits pursuant to it. 15. Qualification.' The Member and the Former Spouse intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. All provisions shall be construed and modified to the extent necessary in order to qualify as a Qualifying Court Order. DRAFTED: 11/6/03 10-16-03-173-977Q 16. Continued Cooperation of Member: The Member agrees to cooperate with the Former Spouse to prepare an application for direct payment to the Former Spouse from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Air Force may require to certify that the disposable military retired pay can be provided to the Former Spouse. 17. Merger of Benefits and Indemnification: The Member agrees not to merge his disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Former Spouse's right to receive a portion of the disposable military retired of the Member. The Member agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Member has a vested interest, and, therefore, the Member will not cause a limitation of the Former Spouse's monthly payments as set forth above. If the Member becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Member's disposable military retired pay, the Member will pay the Former Spouse directly the monthly amount assigned to her in Paragraph 7 of this Order under the same terms and conditions as if those payments were made pursuant to the terms of this Order. 18. Direct Payment by Member: if in any month, direct payment is not made to Former Spouse by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Member shall pay the amounts called-for above directly to Former Spouse by the fifth day of each month in which 'Ihe military pay center fails to do so, beginning on the date that Former Spouse would have otherwise been entitled to commence her payments. This includes any amounts received by the Member in lieu of disposable retired pay, including but not limited to, any amounts waived by Member in order to receive Veterans Administration (i.e. disability) benefits or any amounts received by Member as a result of any early-out provision, such as VSI or SSB benefits. 19. Actions By Member: If the Member takes any action that prevents, decreases, or limits the collection by the Former Spouse of the sums to be paid hereunder, he shall make payments to the Former Spouse directly in an amount sufficient to neutralize, as to the Former Spouse, the effects of the actions taken by the Member. 20. Submission of Information: The parties acknowledge that the following items must be sent by the Former Spouse to DFAS (Cleveland Center), located at P.O. Box 998002, Cleveland, Ohio 44199-8002. The Member agrees to provide any of this information to the Former Spouse at the Former Spouse's request and to make all necessary efforts to obtain any of thi.~; information that the Former Spouse is unable to obtain. (a) A copy of this Qualifying Court Order that divides retired pay and any decree that approves this Order certified within ninety (90) days immediately preceding its service on the applicable military pay center for the United States Air Force. (b) A statement by the Former Spouse which w~rifies that the divome decree has not been modified, superseded or set aside. (c) The parties' marriage certificate. DRAFTED: 11/6/03 10-16-03-173-977Q (d) The Member's name, Social Security Number, date of birth, and name of the military service. (e) The Former Spouse's name, address and Social Security Number. 21. Continued Jurisdiction: The Court shall retain jurisdiction to enter such further orders as are necessary to enfome the award to the Former Spouse of the military retirement benefits awarded herein, including the recharacterization thereof as a division of Civil Service or other retirement benefits, or to make an award of alimony in the event that the Member or DFAS fail to comply with the provisions contained above requiring said payments to the Former Spouse by any means, including the application for a disability award or filing of bankruptcy, or if military or government regulations or other restrictions interfere with payments to the Former Spouse as set forth herein. 22. Taxes: The Former Spouse shall be liable for any federal, state or local income taxes associated with her assigned share of the disposable military retired pay. 23. Discovery: The Member hereby waives any privacy or other rights as may be required for the Former Spouse to obtain information relating to the Member's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other such information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 24. Definition of Military Retirement: For the purpose of interpreting this Court's intention in making the division set out in this Order, "military retirement' includes retired pay paid or to which Member would be entitled for longevity of active duty and or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied. For purposes of calculating the Former Spouse's share of the benefits awarded to her by the Court, the marital property interests of the Former Spouse shall also include a pro-rata share of all amounts the Member actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waiver made in order to qualify for Veterans Administration or disability benefits. It also includes a pro-rata share of any sum taken by Member in lieu of or in addition to his disposable retired pay, including, but not limited to, exit bonuses, voluntary separation incentive pay (VSI), special separation benefit (SSB), or any other form of retirement benefits attributable to separation from military service. Such pro-rata share shall be based on the same formula, percentage or amounts specified in Section 7 above, as applicable. In the event that the DFAS will not pay the Former Spouse directly all or a portion of the benefits awarded to her herein, then Member shall be required to pay her directly in accordance with the terms and provisions set forth in Section 18 above. iT IS SO ORDERED. DATE: JUDGE DRAFTED: 11/6/03 10-16-03-173-977Q ANGLE OTT, V. RICK A. OTT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 02-3972 : : IN DIVORCE ; MOTION TO SIGN MH,ITARY QUALIFYING COURT ORDER AND NOW, comes the Plaintiff, Angie Ott, by and through her attorney Darrell C. Dethlefs, and respectfully requests that the Court sign the attached Military Quali~fing Court Order, and in support thereof avers as follows: The Plaintiffis Angie Ott. The Plaintiff currently resides at 965 Bosler Avenue, Apartment A, Lemoyne, PA 17043. Her date of Birth is May 31, 1953. The Defendant is Rick A. Ott. The Defendant currently resides at 950 South 31'~ Street, Camp Hill, PA 17011. Mr. Ott's date ofbirthis July21, 1958. 3. The parties were married on September 25, 1982. 4. The divorce complaint was filed with this Court and docketed at number 02-3972. On or about August 12, 2003, the parties signed a Marriage Settlement Agreement. A copy of the Marriage Settlement Agreement is attached hereto as Exhibit "A." Paragraph seventeen (17) of the Marriage Settlement Agreement provides for the distribution of the Defendant's pension benefits. Paragraph seventeen (17) indicates, "The parties agree that wife shah be entitled to one- half of husband's retirement pay from the United Stales Ak Force." See paragraph seventeen (17) of the Marriage Settlement Agreemant, attached hereto. The Decree in Divorce was signed by this Court on October 29, 2003. A copy of the Divorce Decree is attached hereto as Exhibit "B." The Defendant has not been represented by counsel m this divorce. A copy of his Milita~ Qualifying Court Order with Motion is being served upon him by regular mail. WHEREFORE, Plaintiff respectfully requests that the Court sign the Military Qualifying Court Order attached to this Motion. Resp~y~ y~stsubmitted, Attorney Id. NO.: 58805 3805 Market Street Camp Hill, PA 17055 (717) 975-9446 Attorney for Plaintiff ANGLE OTT, V. RICK A. OTT, Plaintiff Defendant : IN ~I~iE COURT OF COMMON PLEAS : ~EP~RY COUNTY, PENNSYLVANIA : : NO. 02-3972 : CIVIL ACTION - LAW : DIVORCE ACTION M~RRIAgE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between ANGIE OTT and ~ A. TT, hereinafter referred to as Husband and Wife. The parties were married on September As a consequence of disputes and unhappy differences, the parties have separated. Th~'~p~s desire to confirm their separation and make arrangements in cormectinn therewith, including the settlement of their property fights, and all other fights and obligations arising out of the marriage relationship. It is therefore agreed: The consideration for this Agreement is the mutual promises and agreements herein contained. SEPARATION AND NONIN~RENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to thne choose or deem fit. B. Each party shall be flee from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, wlfich either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are :Fully understood by each party to this agreement, and each party acknowledges that the Agreement is fak and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and wife each represent and warrant to the other that he or she has made a full and complete disclosure to the Initial:~ ~/qc~ ~ other of all assets &any nature whatsoever and of all other facts relating to the subject matter of this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. Wife is represented by Michael J. Pykosh, Esquire of the Law Office of Darrell C. Dethlefs. Husband is not represented. Husband has been advised that he should obtain representation. Husband understands that the Law Office of Darrell C. Dethlefs represems his wife solely. 5. EQUITABLE DMSION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute ha any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE_ A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and deliveJ~j of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense., or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothh~g contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and wife each do hereby warrant, covenant and agree that, in any possihie event, he and she are and shall forever by stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intentinn of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but sh~ be incorporated for the purpose., of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their man/age is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A~ Section 330l(c). Upon request, to the extent permitted by law and the appL/cable Rules of Civil Proce~lure, the named Defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. Initials ~',4~9 /~O~ 2 7. DMSION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Hushand as of~, shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife as shall be the sole and separate property of Wife. The parties do hereby ~9, ,., specifically w~i~,~, re~ld~,~nounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. ~ Husband.~rees~ refinance the marital residence~d at 950 South 31~ Stree~%.~p Hill, Pennsylva~ithin ninet~ (90) days of signing thi~eement hgd pay wife one l~ofthe e~ldity. The equitsfy, h~ be calculated'~ taicing the as[ess~'~ue-of $116,5~ ;ni~us payo)t~f all mortg~ges.X'"At~-~ ~ ,~th-e~e of refinance, Wife'{ill eXecute s/de~ removing her fromXti~l~.~ - ~/X,. 9. VEItICI,ES Husband and wife agree that each shall retain the automobile currently titled in their name, Husband and wife shall be solely responsible for the automobile solely title in their respective names. lO. LIABR,ITIES Husband and Wife agree that the marital debt has been divided. Each shall be responsible for their respective debts. Initials 11. AFTER-ACOUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after 2002, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parities shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition ofproj~erty. Initials fi. ay 13. LIFE INSURANCE Husband agrees to maintain current life insurance policies naming Derek Ott as beneficiary and agrees not to change said beneficiary. 14. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital e.bligations, which shall be paid by the following person: A. Wife - 1. All debts incurred by wife since the parties separation. 2. Any loan on the automobile tiffed solely in: wife's name. B. Husband - 1. AH debts incurred by Husband since the p:mies separation. 15. LEG~kL FEES Each party is responsible for their own legal fees with respect to this matter. 16. _ALIMONY Both parties acknowledge and agree that the provisions of tiffs Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, maintenance, alimony pendente lite or alimony. 17. PENSION PROGRAM Wife shall be entitled to one half of husband's retirement from the United States Air Force. Husband agrees to execute aH documents within ten (10) days of seJMce of the same upon husband in order to effectuate the same including a Qualified Domestic Relations Order. 18. MISCEIIJ,ANEOUS AH assets including, but not limited to, savings accounts, cht~king accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, that the diviskm of property hereto made by this Agreement is a non-taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 19. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represems that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless fi.om and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereatter save harmless and keep the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABIL1TY - If any term, comlltion, 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. Likewisa, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or deskable for the proper effectuation of this agreement, and as thek respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parities, and there are no representations, warranties, convenants, or undertakings other than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRItiNG - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shaH, at ~my time and from to time to time hereafter, take any an all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Permsylvania. I. BINDING EFFECT ~ Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heks, executors, administrators, successors, and assigns. NO WAIVER OR 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 5 party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance, of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or referenced and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAIINST ESTATES - Except as herein otherwise provide, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acqtfire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's ailowanee, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the others estate, and each party 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 interests, rights and claims. M. ATTORNEY'S FEES FOR ENFORCEMENT - fha the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay for all reasonable attorney's fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WItEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the /,2 day of ~z:~r- ,2003. sence of Angie Ott Rick '(,~ ~ Initials IN THE COURT OF COMMON PLEAS Anqi~ Ott VERSUS Rick A. Ott OF CUMBERLAND COUNTY STATE OF PENNA. N o. 02-3972 DECREE IN [DIVORCE Oct. 29 2003 AND NOW, , IT IS ORDERED AND DECREED THAT Angi~ Oft AND Rick A, Ott ,PLAINTIFF, ,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; This Order incorporates the terms of the marriaqe settlement agreement. BY THE COURT: J. Wesley Oler, Jr. Copy Issued: Octol~ 29, 20~PROTHONOTARY V RICK A. OTT, Plaintiff Defendant IN TIlE COURT (IF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 02-3972 IN DIVORCE CERTIFICATE OF SERVICE I, Darrell C. Dethlefs, Esquire, hereby certify that on November ~3, 2003, a tree and correct copy of the foregoing Motion was served by First Class Mail, postage prepaid, and facsimile on the following: Rick A. Ott 950 South 31st Street Camp Hill, PA 17011 Date: ~- \ ~0''0'~ By: Respectfully submitted: t~a ~ll C. Dethlefs. Esquire Attorney ID # 58805 3805 Market Street Camp Hill, PA 17011 (?17) 975-9446,