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HomeMy WebLinkAbout95-02945 - ~ t ~ . -7 - --;; J , ~ j Ll{) ~, ..-r- (,C', .... '0- 'cc.s / ( ! I i I I ; I I J , , I I ! I :.;. -:.:. .:.: .;t;, .:,.;. .:.:- ';4 ilil I~ I, \~ PLEAS I iii !,:. ~ ~ ~ ~ ~ '" e:: ~ ~ ~ 8 8 lil I~ '. . .~..*,~.~.~,~,.~~.~*.~..~:.*..:~*.~~~:~*:.~"*..~ ~, ~ ~ ~! w' e:: IN THE COURT OF COMMON OF CUMBERLAND COUNTY N! , i w' "I , I~ STATE OF ;~~~! \ ....A~~...i' PENNA, ~ ~ ~ ~ JONl ~I. fERRELl" Plaintiff :'-. II, 95-2945 ~ ~ "l I :1. ~ JACK L. FERRELL, Defendant ,;, e:: W e:: ~ ~ '" e:: DECREE IN DIVORCE ~,().J 'i.t 1'1 JONI M. l~lU~ELL , " plaintiff, defendant, ,;, e:: ~ " 8 ~ 8 8 8 ~ 8 .- e:: ~ lil lil ~ ~ ~I lil lill ~i _I '.\0;, AND NOW. 199G , it is ordered and decreed that and ,JACK ,I.. 1"r:.RJ~ELL are divorced from the bonds 01 matrimony, The court retains jurisdiction of the lollowing claims which have been raised of record in this action for which a Iinol order has not yet been entered; U,~l All claims settled by the Marital Settlement Agreement attachedheret9 as ,Exh~bH A, the terms of which are hereby incorp0!-"Ated but notm'lI0J'lQ into this Decree. r "t' (' (l 1I .. . : , II " -...( \,... ^1I1'I'-t: '_. "" } . '. ." '. '.. . I ~ I I I { . I. 1..",1 , [1 -,.. t" l.. _ 'i' . ,I~.., \ ,~4 i. , . . ..,.. II.... '.,. . ; '/ II \' /. t":/, ",r: J. -.. . ~.., ~. . (''', / I'rlllhllOolllJ \' ~ l~ I!I I~ 'iii lil lil lil I~ I" /, It. , !~ , .' , , ~ ~ ~ ,~ ~ , ~ ~ ~ * ~ ~ :~ :t: :.: ~ :.: .:.: .:.: .:.: .;t:- .:.: .:.: :.; :t; .:.: :+: :t: :.: :.: JONI M. I'EIlIlELL, I'IaintiU IN 'J'IIE COUIl'J' UF LU>lMON I'LE/\S 01' CUMBEJ1.L/\NIl COUN'J'Y, i'I':NNSYLV/\NI/\ v. NO. 95-2945 CIVIL '1'1mM JACK L. l'EIUlEL1" llefendant IN 01 VOIlCE 1~IPE 'lU 'mANBMIT R&DU> 1'0 mE PllOI'l1ONC1l'J\RY: Please transmit the record, tcx]ether with the following infonnation, to the Court tor entry of a Divorce Decree: 1. Ground for Di vorce: ~3301( c) of the Di vorce Code. Irretrievable breakdown under 2. Date and lnanner of Service at the Complaint: Certified Mai I, Ileturn Ileceipt Ilequested and obtained on ,June 9, 1995. 3. Date of execution at the J\Hidavits at Consent and Wsivers of Notice required by ~3301(c) at the Divorce Code I By Plaintiff - ,July 2, 1996: By Detendant - Jdl'l '1,1(1'141 4. Ilelated claims pendin<]: None. /\11 claims resolved by Marital settlement /\<]reement to be incorporated but not merged into the Ili vorce Decree. ,klL..I IC I ,'i& !:late U / / I ' L ({((/! J,ju ,,(.1......',,1 Dawn S. sunday, I " Attorney for Plaintiff ID 141954 39 W. Main Street Mechanicsbut'l], I'A 17055 ( 717 ) 766-'.1622 JONI M. I"EIlIlELI" Plaintiff IN 'rilE <"''QUIlT 01" <"''OMMCtl PI,EAS 01' CUMBEllLAND COLJN'J'Y, PENNSYLVANIA vs. NO. 95- ')'/'15 CIVIL 'l'I'..IlM ,JACK L. 1'E11IlELL, Defendant J N 01 VOIlCE Ul'\l'I.AINT Plaintiff, ,Joni M. Ferrell, by her attorney, Dawn S. sunday sets forth the following I I. Plaintiff is ,Joni M. Ferrell, who currently resides at 154 E. Chapel Avenue, Carlisle, cumberland County, Pennsylvania. 2. Defendant is ,Jack I.. Verrell, who currently resides at Apt. 2, 550 S. lIanover street, Carlisle, Cumberland county, Pennsylvania. 3. Plaintiff and Defendant have been bona fide ICesidents of the Conm:mwealth talC at least six months ilTlllediiltely preceeding the filing of this Complaint. 4. 'J'he Plaintitl and Delendant were married on September 10, 1983 in West Middletov'n, Washinljton County/ Pennsylvania, 5. 'I'here have been no prior actions fot' divolCce or for annulment between the parties. based, broken. 6. 'l'he Ilaintitl avers as the <Jrollllds upon which this action is that the l1larr.ia<Je between the parties hereto is irretrievably 7. Neit.her Plaintilt nor IJelendant is a mens,..IC of the military services at the united states or its allies. fl. Plaintilt has been advised that cOllnselintJ is available and thst Plaintiff may have the ri\lht to request that the COUICt require the parties to participate in counsel! n'J. '.I. PI ai nti rt requeats I he Com t to enteIC a DeCI-ee of III VOICee under Section 3301 (c) or 33()J (d) of the PiI. Divolce Oxle. Ileapectlully subnd tted, ! { , .~ ' I.! I I; ... ~ ::..JJ..W'.... l I - .' Dawn s. Sunday, ";sqIJTni-' Atlorney lot i'lainLilf - IlJ 141'.154 j<j WeRt Milin ~;tl<",t MechanicsbllltJ' I'll 1'10',';, ('11'1) /(,(,-')1,;;> .JONI M. FEllHELL, I'laintit f I I N TilE ('~lIn OF CUNMllN 1'L1':AS llF CUMlllcHLANLJ L\JUNTY. I'I':NNSYLVI\NIA vs. NO. ()'t-2945 CIVIl, 'I'lmM JACK I" FEnnELL, LJefendant IN Dl VOIlCI:: I\YFlUIIVIT 01' lXfiSlM' 1. A Complaint in Divorce under ~3301(c) 01 the Ilivorce Code was tiled on May 31, 1995 and served on ,Iune 9, 199~. 2. The marriage of Plaintiff and l>efendant is irretrievably broken and ninety days have elapst,d from the date at service of the Complaint. 3. I consent to the entry of a tinal dec!'ee of di vorce after service of notice at intention to request entry of the decree. 4. I understand that I may lose rilJhts concernin'J alimony, division of property. lawyer's fees or expenses 11 I do not claim them betore a divorce is granted. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of III Pol. C.S. ~49ll4 relatinq to unsworn falsification to authorities. ij, I,j' l)ille'! ' ". ,~;1. ll'l.;~tif'f' I , I / ~/ , , , I, '/ I I JONI H. FEHIlELL, 1'laintiU IN 'I'm: L\XJIfI' OF L\WION I'LI':AS OF CU~lIlEHLAN() (XXIN1'Y, I'I-:NNSYLVANIA VS. NO. 1"J-2<J4~ Cl V I L '1'EIlM JACK L. FEHRELL, Defendant IN IJIVOIlCL WAIVm Ol" oorlCE at. IN'M'NI'lOO 1U 1w;;tJ~;s'l' mI1IY Ol" ^ III VORCIl U1DU;;Jl t.tl()F.l1 ,330l(c) Ol" mil IllVUlCE WIll 1. I consent to the entl:'Y ot a Linal decn,e ot di vOl:'ce without notice. 2. I undel:'stand that I may lose dghts conceming alimony, division of pmpel:'ty, lawyel:",9 fees 01:' expenses if I do not claim them befol:'e a divol:'ce is gl:'anted. 3. I lmdel:'stand that I will not be divol:'ced until a divol:'ce decl:'ee is entel:'ed by the COUl:'t and that a copy o{ the decl:'ee will be sent to me inmecliately aftel:' it is filed with the pl:'othonotaL'y, I vedfy that the statements made in this aHidavit am twe and cOl:'l:'ect. I undel:'stand that false statements hen~in al:'e made subject to the penalties of 18 Pa. C.S. ~4904 I:'elating to unswom lalsificatlon to authodtiea. (' ~l~) n '. jf/'/(' date't n ' , , I:.", //;/, .?'I I (/(1 flll\~htifC THIS POST-NUPTIAL AGREEMENT MAUE AND EN'I'EIlEn Into this,! 'day 01 1996, by and between: I,. / JONI FEHIlELL of Cad islL', cumbel'land county, Pennsylvania, party 01 the first pal-t, hendnaltel' called "I~lfe", ANn JACK FEHIlELI., of Meehan I cshllrr}, Cumberland county, PennsylvanJa, party of the second part, hereinafter called "lIusband" : WI 'I'NEUIlE'I'II: WIIEll I':AH, the pal-ties we"e lntennarrled on Ileptember 10, 19BJ; and WIIEHEAU, one ch i I d was born 01 sa id malT I a,}e, name I y: Jaclyn Marie Ferrell; and WllmmAIl, dudn,} Bald mlHTla'Je, tho pal't ield accumulated certain marital property and Incurred certain liabilities; WIIEIlEAIl, eel-tain dJtfel'enees hilve arisen between the pi'lrti es as it consequence of wh I eh they phys I ca II y sepal-ated on January 20, 1995, which separation continues at the present tlmo, and now doslre to enter into an agreement lor the final settlement of theil- propel-t.y lInd al lain;; and WIIEIlEAH, the pal,ties have neljotlated cel'tain tenns allll conditions concernln'1 tho dissolution 01 tholt' man-Ialjo, including an orderly disposition 01 maritill assetB and liabilities, an,1 cel-taln other mattei's ilrlsln,} fl-om theh relationship of spouses and parents; WIlJo:IWAH, bolh p,lrll.>ll ilcknowl."llJu Iho1l each hald had lull opportunity to he illlvlatHl Indt'Jlondenlly ilB to theil- "especllVll l'lr}hls illlll obllc/itt Ions lu'lsln'J ITOIn Ilwll' mall'led Sl,lllul illlll In the 'lIslwlutlon 01 Ihelr mltrrlil'.]O ilnd In the dluJloult Ion 01 thuil' illlBelB ItIlll jJill>illtleB, IlIld "",'h lUltll"1 ill'kllllWluct'JIlU that ahe itl1<1 he IIttvl' hilll iI 11111 npporl.\1I11ly tn Jnvelltl'J.lto Itl1<1 oVillllatu the ilSUI,tS, Ililhlllt iOIl ttnd illl ilBpm'I" 01 lJit"h othor'li pnllwrly al1d tho It- joint Iy owned itB.wtll itl1d Ilithlllt 1""1 itnd WIIE/WAfi, tho 11111'1 lell il'JllJO thitl llinll mill..-li"]O III IITut .-iuvithly h,'oken; ill111 WIIEREAS, wife has instituted an action in divorce in the court of Common Pleas of Cumberland county, Pennsylvania (hereinafter called "Divorce Action"); NOW, TIIEHEFOHE, in consideration of these presents and of the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, as well as for other good and valuable consideration, and intending to be legally bound hereby, the part.les agreo as follows: 1. llA!d{GHOUNILMill_J2~lWA'1'1 Olig. The foregoi ng preambl e and paragraphs are incorporated herein by reference thereto. 2. DIVOHCE. 1~e parties agree to terminate their marriage by mutual consent without counselin'1 as soon after the date hereof as reasonably possible, and each agrees to make, execute and file the necessary affidavits and consents to procure a consensual divorce under the mutual consent provisions of the Pennsylvania Divorce Code (2J Pa.C.S.A. SJJ01(C)), such documents to be filed in the Divorce Action which has been commenced by Wife. Wife agrees to provide lIusband with a certified copy of the final Decree in Divorce when issued, such delivery to occur as part of the mutual exchange as provided hereinbelow. J. INVENTORY OF MARITAL ASSE'l'lLMlD I,IABII,ITIES. 1'he parties acknowledge and agree that their marital property as defined under the Pennsylvania Divorce Code cons.ists of all those certain items of property more fully set forth on a certain list or schedule attached hereto marked "Exhibit A" and incorporated herein by reference thereto. The parties severally acknowledge and agree that each has had full opportunity to independently determine the value of said marital property and each is aware of such value or has consciously and Intentionally waived the opportunity to determine such value. 'I'he parties further acknowledge and agree that they have Incurred debts and obligations as more fully identified on a certain list or schedule attached hereto marked "Exhibit 0" and incorporated herein by reference thereto. 4. IHS1'IUlnlTIQlLQf,J1ARll'ALLAggJ;;1'l:!. subject to the procedure for accomplishing the distribution, the parties agree that the marital property shall be disposed of and distributed in kind as follows (all references are to designations appearing on Exhibit "A"): - 2 - / , !ftL'l'Q_lilfLl ~Xhi bl t "A'-'-l~dgrell@ Wile'S IIlA Marllal Ilesidence May tag washur Kllnmore drye.." Hef.."lqel"atol" Mil:rowave Dishwasher Hange/oven 'l'elevISlon VCIl 1905 Olds. cutlass Cruiser wagon ,!'e I ephone Answer! ng Mach I ne Canon I;ure shot J5111m e6111era Selus TV/Badia Kitchen 'I'able and chail"u 1I0usehold funll shi n<Js currentl y in the possession of wile and which are not specificallY listed elsewhere Exhibit "A" RefereOQIi! 111L-'l'Q_UlHHJA1Hll 406 cumputel" 111M compiltlhle III' 41. LaserJet IJharp Fax 'l'exas I Ilstrumenl Notebook JB6 Epson Printer 1905 Proceeds from the trade-In of 19BJ Chrysler Lellaron Misc. Software progr6mS IW i 11 p.."ess Jepeo Chop flaw 1I00siel" Kitchen cabinet Antique curio cabinet lIushand's IBA prudential Annuity 1I0ueehold furnlshln(Js cUITently In the possession of hushand and not specifically listed elsl'whel'e. 'J. Mill Till, m~l> \Ilj::llc;~. Wllhln sixty (60) days of the date of the nlvorce Decree, wlfo aqree5 to ilcqulre II home eljulty loan on the marital reuldence In her own nilme, i1nd not as 8 joint mortgage with lIusband. upon Will!' B nbt ill n Inq of It home oqu I ly loan, she 6greee - ) - to pay lIusband Heven 'I'housand Five lIundred ($'/,!loo.oo) 1l011ars, representing lIusband's shill'e of lhe equity In lho madl:itl residence pursuant 10 lhls A'1reomont.. lIusband agrees 10 exeeule a deed In lavol' 01 WlI'e regard i ng the mad ta I "es Idenee. 6a Id doed aha II be prepared by Wife's at.lorney. lIusband agl"eeS 10 sl'jn the deed within ten (10) days after the deed is received by lIushilnd's i1tt.onlOY from WJtO'1I attorney. 'I'he signed deed slHtlJ bu held in escrow by wi fe's altorney unt. 11 such ti me as payment I s made 10 lIusband as hereinbefore mentioned. In the event that Wife Is onitblu to obtain a home equity loan as hel"einbefol"e set /OI"th, within slXly (GO) days of the date of the Divorce Dect"ee, lhe mild tal l'of3ldence shall be sold on the open market al a reasonable uelling price. If the parties are unable to agree upon a price, lhe pricD shall be fixed by taking the average of two appraisals, with lIusband choosincj one appl"aisal service and WJte choosln'j Ol1e apJlI"aisal service, the cost of said appraisals are to be considered the costs of sale. Upon sale of the marital residence, Ilusband shall be entitled t.o Seven 'l'housand Five lIundred ($7,500.00) Dollars of the net sales proceeds, exclusive of costs and sales commissions. 'l'he remaining net proceeds from the sale of tho residence shall be distributed t.o Wife, If either parly should fail or refuse 10 participate In said sale, the parlies agree thaI either party may institute an action In equity to specifically enforce lhe PI"OV isi ana hereof, each hereby a'1l"ee In'1 that lhel"e I a no adequale remedy of law. G. tlA'l'lllliL1If.,l'l!Jlli!!f.ElL1lUlil!.1'Jlllllil'lQtI. J tl s lhe mutual intention of the part.ies 10 diatribule the ilssets in accordance with t.he allocation in Para'1raph 4 hel'einabove in such manner that the full ownership of each asset (and all parts of Bach asset) shall pass unconditionally 10 the dOf3I'jnated distributee free and clear of all liens a 11<1 encumlll"ances except only as expressly provided herein. ., . Mt'l'lillILQL'l'lliIlHlfIDLlUllllJ'I'BlUV'l'l QU. 'I'he i n-k i nd distribution of marital properly shall be 'lccempllshed simu!t:aneollsly with lhe execution of thlll AI}I'eement:. '1'0 effect and aSSUl"e such dlsll"lbut'ion, the pal't los "cknowlellge that: oach will conlempol-aneously with t1w oxocut Ion honml make, Illgn, acknowled'Jo and otherwlsu executo approprlitto deedu, assignments, lranafers, l'eleases and all othel' dOCUIIIIJlltf3 necossary to o/fect: sllch dist-dhution. lIusband alfnW6 to provldu hill f3lgnature on II transfer 01 title to the 190'> Oldsmobile cut Ittsu cndsor WII(Jon to Wile wllhln thll,ty (10) days 01 tho ollecut Ion date 01 lhln A'jroement. - 4 - Individually owned property to be retained in distribution by the present owner shall require no further present action; however, the parties agree to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect confirmation of such sole individual ownership. lIusband agrees to remove all Items pertaining to his businesses currently stored in the shed at the marital residence within thirty (JO) days of the execution date of this Agreement. Any items remaining in the shed after that date, may be disposed of by Wife in any manner she chooses. B. DISTRIBUTION OF MARITAL LIABILITIES. A. Wife covenants and agrees to pay all payments due on the mortgage of the marital residence as denoted on Exhibit n. B. Husband covenants and agrees to pay the outstanding business debt denoted on Exhibit B. C. Wife shall pay all individual obligations. D. lIusband shall pay all individual obligations. E. Each party hereby agrees to indemnify the other party and hold her or him respectively harmless of and from any and all liability, damages, costs, expenses, claims, demands, actions, causes of action and all other obligations of whatsoever kind or nature suffered or imposed by either party beca'lse of such other party's failure to pay and discharge her or his responsibility under this Paragraph. 9. ALIMONY. lIusband covenants and a'1l"ees to pay to Wife as spousal support/alimony pendente lite/alimony, the sum of $300.00 per month unt.il January JO, 1999. It is understood that under current federal income tax law said payments are considered income to Wife and are deductible from lIusband's gross income. Alimony shall terminate in the evenl of lhe death of eilher party, in the event of t.he remarriage of Wife, or in the event of Wife'S cohabitation with any unrelated person in a meretricious relationship. - 5 - 10. ~~Qtn'LUllilJ EXl'EltiH~I.i. A. Each party agrees to be solsly responsible for the coste and expenses of the trilnsfer of any other assets t.o her or him respectively. n. Each parly agrees 10 be solely responsible for her and his respective counsel fees (If any), cosls and expenses In negotiating and concludln'1 this agreement., dissolVing lhelr marriage and consummating all (JI"ovlslons of this agl'eement. II. flJ'l'lJIlILQULlllA'l'lOIHl. 'I'he pal't1 es agl"ee lhat any and all obligations incun"ed subsequent to the date of this Ag,"eemenl shall be lhe sole and separate Ilahlllty and responsllllllty of the party Incurring the Obligation, and each party agrees that he/she wUI not Incur or attempt to Incul' ,lny obligation for 01' on behalf of the other party. Each parly represenls and warrants to lhe other thaI he or she has not incurred any debl, ollllgatlon or other Ilablllly, other than those described in this Aqreement, on which the other party Is or may be liable. A lIabillly not disclosed In thlB Agreement will be the sole I'esponslblllty 01 the pal'ly who has incurred or may hereafter Incur It, and such parly agrees to pay it as the same sha 11 become due, and to Indemnify and holll the other party and her or his IH"Opel"ly hilrmless fl"om any and all such debts, obllqations and liabllllles. 12. ALL,g'l'J1llliJHill~lillll1LJ'liQl)EUT~. Except only as specifically provided othel'wise hereinabove, each par"ty shilll reta In all propert y, I"ea 1, persona I 01" 01: hcrw I se, wh I ch Is presently litled in his or her name ilnd ownOl'uhlp, whether" or not said propel"ty is or would be deemed to be madlal pl'operty ulHlel' lhe Penney I van I a [) i vorce code and whet hOl' 01' nol Inc luded In Exhl bl t "A", ilnd each party hereby express I y I'e I eases the at he I' of and from any and itll d<jhl of el}ultablu dlutrlbutlon In and 10 said Individually owned property of such othel' party. JJ . H~Ll:J\.QEQJ' lHll'l'l)HT AIW HI !lilT!; VIHit:H VI V(ln!:EGQU~. Except only au specl ficillly pnlvlde,1 to Uw contral'y ltel'elllllbnve in thl s Aqreoment, oitch lliirt y IHH'el>y wa I veB itllll IOI'(JV8I' rs I eitBSU the olhel' party 01 and Irom <lny i11111 a II c I ,llmu wh I ch e I UW1" indY hi\ve aqalnsl: till! other' for" SpOllBill Ilupporl i1nd lor~ itll cli\ims which elthel' milY hilve a(JillnBl the oUWI" hy ruason 01 ,tllll PUI"BUilnl to the l'ennBylvilnt.t Illvorcll Cndu (and t IIll dlvlllTll lilW 01 ilny nlher ludslllctlon) Includln'J, hut nol limited 10, ill tmony, - h - dllmony pendente lito, equitablo dlotdbut Ion 01' marital pl'operty, counse I lena, cuala and l!KpenOe6; eKcept that the performance of the obligation created hereunder may be enforced by any remedlea under said Divorce Code. 14. Qlilll;;HhL HtLl:JI.til;;. lIullhdlHi I'el in1luluhcs his Inchoate Inlestate rlghl In the eslale of Wife, and Wife relinquishes her Inchoate I nlest at e l'l<jht In till' eal at e of lIusband, and each of lhe pal"lIus hel'elo by lhuoe pH-sents, tcn himself or herself, his 01" hel" hell'S, eKeculors, allmlnlstTalol'6 01' i1ssigns, does hereby remise, release, qlllt-clillm ilnd forover dl6chilrge the other part.y hereto, his or her heirs, eKeculors, adminlslrators or assigns, or any of them, 01 any and all clalmll, demands, dama'1es, actions, causes 01 i1cllon or suits at law or In eqully of whatsoever kind or nature, for 01' lJOcduse 01 dny mattei' 0'" lhlng done, omitted 0'" suffered to be done by 6uch other" party pdor to the date hereof, eKcept thllt this release shall in no way eKonerate 01" discharge eithel" parly fl"om lhe obll,}atlons i1nd proml6es made and imposed by reason 01 th I s Aqreement. 'I'h i 6 Aql'eemenl sha II not be conlltl'ued to affect or bal' lhe l"t'1hl 01 either pal"ty to an absolute divorce on le'1al and truthful qrounds it they now exist or may hereafler arise, this Aljreement being intended to provide a definlle and orderly melhod of resolving the various property and bus Inoss lI'ansactl ons belween tho pal'l I es, and not bei ng Intended as an aqreelnenl by elthcr pal'ty not to'defend against a suit In dlvon:e commenced by elthcl' pal"ly or in any other way to be rogarded as a walvor 01 i1ny right by either party t.o particlpale In lhe litigation of any uuch action, with the eKceplion of any riqhta, hOWOVCI', as pn1viously released by this Aqreemenl with regard to alimony, illlmony pendente lite, equllable dlstr'lIll1tlon 01 I'rol'l'l'ty, counsel fee6, cosls and eKpenaes, olher lhan t he enforcement 01' pel"lormance of this A'1reement which may be inot Itut(HI I'url>uanl 10 lhe remedies avai lable under the l'enn6ylvaniil IllvolTe Code. I'>. ItlCQMt: TlIX t;XLMI'1'lmW 91-' [)t;l'J;Hlltlil'~lllLllillili. For the purpose 01 InCDl1\lJ tax l'alculdt lon, Ihl!ibal1l1 shall have lhe dqht to claim i1S ill I uKl'mpt Ion ./.wlyn Mado FelTelJ. Wife agrees lhilt ohe will not claim the chilli as a dependent eKemption. 1'ho partlel> alJl'uo to coolllllate with Oilell utlll!I' by provldinl} the taxllH} authn.-tt iuB with llIwh dlH'IIJ11l!ntilt Ion 01' Infonnatlon to I mJ> I oment t hi f.l "'J 1 eullleJllt . Ih. ThHl,. s"pal'ilt l! IlItlll'e t dK nhll<jatlon Hhilll Ilo 'l'ho P,tJ t leu il'JI l!e I hilt lhoy will C- i Ie !otll!nll In! ,III t.IK obli'Jittlons, and any tax tlle rl!Bl'onnild lit y 01 the Individual party. - '/ - Wife and lIusband warrant that they have heretofore paid all taxes on prior returns; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. Ilusband shall give wife notice of any deficiency assessment and Wife shall give lIusband notice of any deficiency assessment of which they individually or collectively become aware. 'l'he parties agree that should It ultimately be determined that any deficiency and/or penalty exists with respect to any jointly filed returns, the party responsible for the erroneoUs preparation i1nd/or non-disclosure of information which has resulted in the deficiency and/or penalty, shall be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. Should said sums become due as a result of individually filed returns, the party who filed said return shall be solely responsible for all sums due, and shall indemnify and hold harmless the other party for any payment thereon. 17. AGREEMENT TO DE INCORPORATED nUT NOT MEHGEll. 'I'his Agreement shall be incorporated in a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1900, as amended, and in addition, shall retain any remedies in law or in equity under the Agreement as an independent contract. Such remedies In law or equity are specifically not waived or released.. lB. SURVIVAL OF AGREEMENT. It is the intent.ion of the parties that this Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modifY the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. 19. MODIFICA'I'ION OR WAIVEH Itl I~HI'l'ltlg. 'l'here shall be not modification or waiver of any of the terms of this Agreement unless the parties do so in writing signed by each of the parties. 20. ENFOHCEMEtlT...lIl!iLQOlJtlHnlL.Elmti. In the event that any of the provisions of this Agreement are breached or violated by either of the parties, the other parly shall be entitled to enforce this Agreement by an appropriate action of law or in - 0 - equity or to take any other action to which they are lawfUlly entitled to enforce this Agreement or otherwise protect their rights. In the event that such action Is commenced by one of the parties Bnd the other party is found 10 have breached or violated any of the terms and provisions of this /lgreement, lhe party having aD violaled 01" hreached lhe A'1I"eement ahall be responsible for and prompt I Y pay upon delnilnd, lhl! I"eillwnilhlo i1t torney's fee6 Incurred by the other I'ill"ty to enfon'" the i I" rightB hel,.,under. 21. t:H'I'IHILlillll&ill'lliIIT. 'rhia Agreement contains lhe entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. /lDl>I1'IOlJALJJ:Hi'1'lillMEIiTl!. Eaeh of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to this Agreement. 2J. or provision considered a provision of WAIVER. 'rhe waiver of any IeI'm, condition, of this Agreement shall in no way be deemed waiver of any other term, condition, clause this Agreement. clause or or 24. APPLICAIlI,E L/I\'I. 'l'his Agreement shall be construed, interpreted and enforced according to the lawS o{ the commonwealth of pennsylvania. 25. HEADINGS. 1'he headings or titles of the numbered paragraphS of this Agreement have been uued only for the purposes of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement.. - 9 - IN WITNI>SS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending thereby to legally bind themselves and their respective heirs, personal representatives and assigns. WI'l'NESSED BY; (/n" " ,J,iA"LtJ ,;/ c:.- \~, ,/1. ;~~ ~ ,," ~ ,/ (SEAl,) . I ,c' (SEAl,) - L-::"( - 10 - MARITAL LIUl1U'IU Exhibi t B - 12 - Mortgage on Marital Residence $29,50U.00 outstanding business debt (Mr. Ferrell) 14,000.00 ,-, , ) t" '" I , -,' " 'q \, '\ ,~ , \.l) 1 J ) 111 . , i! t-' , . , i,' (" I " . I') '-. ~1 / :1-' ~ \' II" , , Ii:', :: l2' r: ) , , .~ f) '~ '<"l... r't i ........... rt) 1...'1 ( { I lo. I t-l " , t-...~_.. '-........- '.' '......: '-l. ,'- ~ ., , ,"" t", ;~ ~ . 0\--<. -- ~~I Hgi :tl ... ~I .lJ~~~ .... J ... c; ..... . I' ,11 '. , ii~~ o..l,!!j ~ ~~ ,,~ t ; I ,~ , C -g j J, ,~l ~f~ . :; . E o..l ~ i ~ tl ~ . , , '----..~~- ____.~._n ...~~..__+____~__._. . ,HJNI M. Ff.HRELL, plaintiff IN 'I'm: COllH'!, lW L\X1M(X~ PL~:AS OF CUMBEHLAND COUN'I'Y, PENNSYLVANIA vs. NO. 95-2945 CI VII. 'I'ERM JACK L. n:HRELI., Defendant 1 N CUS1DlJY aJSIUJY n:NlilM' AGlltJ'ffilNf 1'11ls Agreement made the _,-JJ.L!.~_day of. I}(~ ' 1996, by and between .Jonl M. Ferri7n, of cadlsle, Cun-bfrland County, pennsylvania, hereinafter referred to as "Moth~r", and Jack L. feL"roll, of Mechanicsburg, ClUll:>erland County, Pennsylvania, hereinafter referred to as "father" . WIT N B Ii Ii B T II: W1If]lli1\S, Mother and Father are the natural parents of .Jac1yn Marie Ferrell, born July 1, 19861 and W11f2lEAB, Mother and father mutulllly desire to enter into a voluntary agreement pertaining to the custody of their Childl and t<<Jof 11111REf'(J{E, Mother and Father each Intending to be legally bound hereby stipulate and agree as follows: 1. 'I'he Mot'ler and the father shall hllve shared legal custody of Jac1yn Mllde Ferrell, born July I, 1986. 2. Primary physical custody of the Child shall be shared as follows: a. When the school year is In se3sionl I) . 1'he Mother shall have pr I mary physical custody on slternatlng weekends from FddllY at 6100 p.m. through Sunday at 6:00 p.m.1 from the close of /School on Mondays until 'I'uesdllYs at 6:00 p.m.1 from the close of school until 6:00 p.m. on WednesdaY/SI and from the close of school on 'l'hursdays until the ccmnencement of the school day on frIdays, 2). The father shall have primary physical custody on alternstlng weekends from friday at 6100 p.m. through Sunday at 6:00 p.m.1 from '!'uesdays at 6:00 p.m. until the corrfnencement of the school day on Wednesday mornln<]sl and fnlfn Wednesdays lit 6100 p.m. until conlooncement of the school day on Thursday n>:lrnln']s. b. During the BUllfllOrt 1'"8 lI<Jnths when the school year is not trick-or-tl'eat night in the Father's neighborhood. e. The Father shall have custody of the Child In cxld numbered years over the Christmas holiday from the last day of school prior to Christmas !Jay through 12:00 noon on December 26. Also in cxld numbered years, the Father shall have custcxly of the Child on President's Day, Memorial !Jay, Labor Day and Thanksgiving. f. The Father shall have custody of the Child in every year 0/1 Father's Day from 9:00 a.m. until 8:00 p.m. 6. Unless specified otherwise, the alternating holiday schedule shall include custcxly for the entire pericxl during which the Child's school is not in session due to that holiday. Whenever one of the alternating holidays falls on a weekend or on a Friday or Monday, the parent who has custcxly of the Child during the holiday will retain custcxly for the weekend. The holiday schedule shall supersede the regular custcxly schedule and shall not result in a change in the alternating weekend custody schedule. 7. On the Child's birthday every year, the non-custcxllal parent shall have a period of custcxly with the Child from 4:00 p.m. until 8:00 p.m. 8. When the Child is ill or does not have school for any reason, the custodial party shall notify the other party accordingly. The parties agree to cooperate in making arrangelnents for the Child's care by mutual agreement. 9. The Child shall have unrestricted telephone access to the non-custodial parent. 10. If either pal"ty intends to relocate his or her residence, that party shall provide written notice thereof to the other party at least forty-five (45) days in advance of the proposed relocation. 11. The parties agree that the Child shall relnaln enrolled in the Carlisle School Di strict as long as either of the parties resides wi thin the school district unless mutually agreed otherwise by the parties. 12. If either party (or his or her relatives) intends to remove the Chlld from the COl11TlOnwealth for an overnight period or longer, that patty shall notify the non-custodial party of an address and telephone number where the Child can be contacted.