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HomeMy WebLinkAbout02-4176LAURIE K. WATSON, Plaintiff FREDERICK J. WATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. <~A _ '~//?~:=, CIVIL ACTION - LAW IN DIVORCE NOTICE T© DEFEND AND CLAIM R GHTY 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 of other rights important to you, including the custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAURIE K. WATSON, Plaintiff FREDERICK J. WATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCF AND NOW comes the Plaintiff, Laurie K. Watson, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Laurie K. Watson (SS# 177-52-4813), an adult individual, currently residing at 26 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Frederick J. Watson (SS# 198-50-7467), an adult individual, currently residing at 26 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married on July 10, 1982, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. 7. The Plaintiff and Defendant are both citizens of the United States of America. The parties are the natural parents of two (2) children: Melissa Watson (DOB 1/2/83) and Bryan Watson (DOB 11/6/85). Count I - Divorce 8. The allegations of Paragraphs 1 through 7 are incorporated herein by reference and made a part hereof. 9. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 10. The marriage is irretrievably broken, and the parties are proceeding under Section 3301 (c) of the Divorce Code 11. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. Count II - Equitable Distribution 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as if set forth at length. 13. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divome Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Count III - Spousal Support and/or Alimony Pendent Lite and Permanent Alimony 14. The allegations in Paragraph 1 through 13 are incorporated herein by reference and made a part hereof. 15. Plaintiff is unable to sustain herself during the course of this litigation. 16. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 17. Plaintiff requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite and/or permanent alimony in her favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701 of the Divorce Code. Count IV- Counsel Fees, Expenses and Costs of Suit 18. The allegations of Paragraphs 1 through 17 are incorporated herein by reference and made a part hereof. 19. Plaintiff has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. 20. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 21. Plaintiff is not financially able to meet the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. 22. Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Date: RESPECTFULLY SUBMITTED, Charles Rector, Esquire 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, re~ating to unswom falsification to authorities. Date: Laurie K. Watson LAURIE K. WATSON, Plaintiff V. FREDERICK J. WATSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4176 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Counts, II, III and IV of Plaintiff's Complaint for Divorce filed on September 3, 2002, in above-captioned matter. RESPECTFULLY SUBMITTED, Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff LAURIE K. WATSON. Plaintiff V. FREDERICK J. WATSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4176 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PROOF OF SERVICE OF DIVORCE COMPLAINT item 4 if Restricted Delivery is desired. · Print your name and address on the reverse ac that we can return the card to you. · Attach this card to the bacl or on tt~ front if space permits, 1. Article Addressed to: r"l No 2, A~lcle Number (Copy from service label) PS Form 3811, July 1999 x No. Date: RESPECTFULLY SUBMITTED: Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff LAURIE K. WATSON, Plaintiff V. FREDERICK J. WATSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4176 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 3, 2002, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint, 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2, I understand 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 understand that I will not be divorced until a divorce decree is entered by the Court and that a copY of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Laurie K. Watson LAURIE K. WATSON, Plaintiff FREDERICK J. WATSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO, 02-4176 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE _AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. ~TENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 c OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand 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 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. yFrederic~ J. Watson MARRIAGE SETTLEMENT AGREEMENT between LAURIE K. WATSON (WIFE) and FREDERICK J. WATSON (HUSBAND) WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on July 10, 1982, in Cumberland County, Pennsylvania. There were two children born of this marriage: Melissa Watson (DOB 1/2/83) and Bryan Watson (DOB 11/6/85). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the rights of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in WIFE's CCumberland County divorce action docketed to number 02-4176. Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE, The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as (:our[ ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE, The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Charles Rector, Esquire. HUSBAND acknowledges that he has been advised by WIFE's counsel to seek independent legal advice of his choosing and further acknowledges being advised by WIFE's counsel that WIFE's counsel does not represent his interest in the divorce litigation or the preparation or review of this Marriage Settlement Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 9. FINANCIAL DISCLOSURE. The parties confirm that each party has made a full and fair disclosure to the other of all of their assets, debts and incomes and that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue iinfluence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense '.statement of the other party as provided by the Pennsylvania Divorce Code. The right to have property identified and appraised. The right to discovery as provided by the Pennsylvania Rules of Civil d, Procedure. e. The dght to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out: of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony Pendente Lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 11. PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to a division of all of their tangible personal property including, but not limited it, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other tangible personal property. With respect to said division the parties agree that HUSBAND shall receive as his sole and separate property all items currently in his possession and WIFE shall receive as her sole and separate property all items of tangible personal property in her possession. Eaclh of the parties hereto does waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible personal property to become the property of the other party pursuant to the terms of this paragraph. 12. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, after the date of this Agreement, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVISION OF VEHICLES. With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: WIFE shall retain as her sole and separate property the 2002 Saturn and shall assume sole responsibility for any and all payments and costs associated therewith. HUSBAND waives any and all interest he may have in said vehicle to WIFE. WIFE further shall indemnify and save HUSBAND harmless from any such payments or costs. WIFE waives all right title and interest she may have in the .Chevrolet Lumina to HUSBAND. HUSBAND shall assume sole responsibility for any payment or cost associated therewith and he shall indemnify and save WIFE'. harmless from payment of same. The parties acknowledge that the 1997 Neon and the 1991 Ford Mustang are not includable in the division of vehicles inasmuch as they acknowledge the vehicles ara for the use and benefit of their children. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be deliverad to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agraement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in the party receiving said vehicle as his or her property shall l:ake it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefor and said party further agraes to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 14. DIVISION OF REAL ESTATE. It is acknowledged that the parties hereto are the owners of certain raal estate known and numbered as 26 Laural Drive, Mechanicsburg, Pennsylvania, 17055. WIFE agraes to convey all of her right, title and interast in and to .'said property to HUSBAND and shall execute and deliver a special warranty deed cenv,eying her interest in said property contemporaneously with execution of this Agreement. Said Deed shall be escrowed by WIFE's counsel pending financing by HUSBAND pursuant to Paragraph 15 of this Agreement. HUSBAND shall be solely responsible for the current mortgage, 7 taxes, insurance and all other charges on account of the home and shall indemnify and hold WIFE harmless against such obligations or charges. 15. MONETARY PAYMENTS. In consideration of the distribution of the marital assets set forth in this Agreement, and in consideration of the non-taxable equitable distribution payment of $10,000.00 previously made by HUSBAND to WIFE, and in further consideration of WIFE's waiver of her interest in the marital home, HUSBAND agrees to pay WIFE the lump sum of $10,000.00 as and for his second non-taxable, equitable distribution payment within thirty (30) days of the date of this Agreement. The parties further acknowledge that HUSBAND shall refinance the mortgage obligations currently existing on the marital home within thirty (30) days of this Agreement. WIFE acknowledges and agrees, through her counsel, to cooperate with HUSBAND's lending institution in tendering a deed prior to settlement to facilitate refinancing. HUSBAND further agrees to pay WIFE the additional non-taxable equitable distribution amount of $20,000.00. Said sum is to be paid to WIFE in equal monthly installments of $333.33 per month for a five year period. The first payment shall be due on or before the 7~ day of the first month following execution of this Agreement and subsequent payments are to be received by WIFE on or before the 7th day of each succeeding month until the outstanding obligation is paid in full. 16. SECURITY. As security for the aforesaid monthly equitable distribution payments, HUSBAND agrees to execute a mortgage and note in favor of WIFE on the real estate described in Paragraph 14 above. Said mortgage instrument to be executed and recorded concurrently with the Deed required by Paragraph 14. The parties acknowledge that HUSBAND's payments to WIFE, pursuant to Paragraph 15, are in lieu of support and maintenance and/or alimony. If HUSBAND files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations of this paragraph are in the nature of maintenance and are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if HUSBAND institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which WIFE's right to these monthly payments becomes a matter for judicial review, HUSBAND agrees to consent to any motion filed by WIFE with the bankruptcy courts, wherein she may request that the bankruptcy courts abstain from deciding the dischargeability of this obligation and any other obligations to her hereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 17. EACH PARTY RETAINS PENSION PLANS. Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Shadng Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings; Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. By way of clarification, HUSBAND shall retain as his sole and exclusive property his Supervalue 40'1K and Defined Benefit Plans. HUSBAND shall further retain his two (2) IRA accounts through First Union. WIFE shall retain her Medco 401K Plan and Cash Balance account. 18. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash walue in the possession of HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of deposit, IP-J~ accounts, bonds, shares of stock, investment plans and life insurance cash value in 1:he possession of WIFE shall become the sole and exclusive property of WIFE. Each of'~he parties does specifically waive, release, renounce and forever abandon whatever riclht, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 19. MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a pan! shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due. Each party agrees to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph. From the date of execution of this Agreement, each party shall use only those credit cards and accounts llor which the party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. By way of clarification, WIFE shall assume sole responsibility for payment of the balance on the Capital One credit card and shall indemnify and save HUSBAND harmless from payment of same. HUSBAND agrees to assume sole responsibility for payment of the balance of thee Seam credit card, Visa card and Mastercard and shall indemnify and save WIFE harmless from payment of these obligations. 20, WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest or claim, if any, either parer may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 21. WIFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of obligations incurred by her. 22. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her ]! estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 23. BANKRUPTCY The parties hereby agree that the provisions of this ,Agreement shall not be dischargeable in bankruptcy consistent with 11 USC 52(a)5 and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate ~lhis Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subjected to court determination the same as if this Agreement had never been entered into. 24. SOCIAL SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 25. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 26. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced [and/or finalized], both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understandin![i and agreement of the parties that this Agreement is a full, complete and equitable property division. 27. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT~ MAINTENANCE AND COSTS. The parties hereto agree and do hereby waive any Hght and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance and costs. 28. COUNSEL FEES. HUSBAND agrees to reimburse WIFE, within seve~ (7) days of WIFE's receipt of her final bill for legal services, one-half (1/2) the cost of said legal fees, which non- taxable reimbursement payment shall be made directly to WIFE. 29. HEALTH INSURANCE. HUSBAND hereby agrees to continuously maintain health insurance coverage for the benefit of WIFE at his expense both prior to and subsequent to the parties' divorce. In the event that HUSBAND's employment changes and/or his health insurance benefits are modified, he agrees to obtain comparable coverage for the benefit of WIFE at his expense. 30. SUPPORT. HUSBAND shall continue to provide support for both children on an as-needed basis and by agreement of the parties. To the extent that issues of support cannot be resolved amicably, WIFE specifically reserves the right to proceed to the Domestic Relations Office to obtain guideline calculated support on behalf of the minor children. 31. PERSONAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 32. MUTUAL RELEASES. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such 14 other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower' or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature adsing or which may arise under this Agreement or for the breach of any provision thereof. It is/he intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 33. WAIVER OR MODIFICATION TO BE IN WRITING. No modificetion or waiver of any of the terms hereoll 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 dei:ault of the same or similar nature. 34. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and 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. 35. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 36. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 37. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 38. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right to such party hereafter to enforce the same, nor shall the 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. 39. BREACH. If for any reason either HUSBAND or WIFE fails to ~perform his or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative an~d not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing tile action for specific performance. (b) the right to damages arising out of the breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; l? (3) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (4) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (5) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of app~ropriate order thereof including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (6) the award of counsel fees and costs; (7) the attachment of the breaching pad¥'s wages. (d) Any other remedies provided for in law or in equity. 40. SEVERABILITY, 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 Agreement 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 avoid or alter the remaining obligations of the parties, 41. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 42. HEADINGS NOT PART OF AGREEMENT. Any heading preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDFRED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: Laurie K. Watson ]9 STATE OF PENNSYLVANIA ( ( COUNTY OF CUMBERLAND ( SS. Onthis, the /,~ dayof [~'~x~).~ ,2003, before me the undersigned officer, personally appeared Laurie K. Vl~tson known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. TAMM¥ S. FAUST. F. AL ~t/ Lower Alle ' NOtary n ~wp., Cumoeflan STATE OF PENNSYLVANIA ( ~ COUN~ OF ~ ( ( SS. On this, the ~ day of ~ , 2003, before me the undersigned officer, personally appeared Frededc~ J. Watson known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposed therein ~ntained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. ITAMMy~I'OT"A~RIALo. FAUST, Notary Public Lower Aller~ Twp., Cumberland CounbJ My Commission Expires July 5, 2006 2O LAURIE K. WATSON, Plaintiff FREDERICK J. WATSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COI. JNTY, PENNSYLVANIA : : NO. 02-4176 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the, Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330'1 (c) OF THE DIVORCE CODE Date: 1. t consent to the entry of a final decree of divorce without notice. 2. I understand 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 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Frederick J. Watson LAURIE K. WATSON, Plaintiff V. FREDERICK J. WATSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND CO[JNTY, PENNSYLVANIA : : NO. 02-4176 CIVIL TERM : : CIVIL ACTION - LAW : 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. Ground for a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail - 9/7/02. 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 08/13/03, by the Defendant 08/26/03. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiff's Waiver of Notice in § 3301(c) Divome was filed with the Prothonotary 08/28/03 Date Defendant's Waiver of Notice iin § 3301(c) was filed with the Prothonotary 08/28/03. Charles Rector, Esquiire Attorney for the Plaintiff Date: 09/05/03 INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PF_NNA. LAURIE K. WATSON Versus FREDERICK J. WATSON I N DECREE C'".. I ~ ,,_ AND NOW,~..~.. ,~ ...... it ~s ordered and L~urie K. Watson ant ff decreed that .............. , ............................ P , and .........fre~eri¢k.J,.~atsp~ .......................... 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 o final order has not yet been entered; The written Marriage Settlement Agreement executed by the · -parties',' 'dated 'August' '20 ;' 2'003',' 'is' attach'ed' h~'ret~' 'and ........ incorporated into this Decree for enforcement purposes only