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Home My WebLink About95-04775 ~ "." IIJ .... 't If) - ~ E. I:>' . -:j VI .~ ,....II (J '" ~ ~ f. .. '.. ~ ~ J i ~ -: 1 ~ ! ~ ( '. .....' .... , . . ~~'~~'~~~~'~~-"~~~~-~--~'Y-~~~::~..~--~~'~ ~ -- ~ . ~ . - " .. ~ - - --- . ~. ~ .:+:. .:.:. .:.:. .:+:. .:+:. -:.:. .:.:. .:.:. .:.:. .:.:- M .' ~ <:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. ~ ~ w '.' ,', ~ ~ '.' ", ~ .', ~ S $ KAREN .L.,. ..HElqSOTlS, ..Plain.tiff . ........... - ........ j " " ... . ...... ...i N (),95:::4.??~...qv~",...');~.~.. 19 CIVIL ACTION - LAW ,', ~ $ Vel'sus ~ '.' ...Defend.ant 'I ......... ;! " , ,I .I'ETER J.. .HERISOTlS.. IN DIVORCE ~ " w .,., ~ ~ '.' DECREE IN DIVORCE AND NOW, ....~0\AO.....~.C..... 19~~... it is ordered and ~q ~ io 8 decreed that ........ !<!\Jl.!'tl. J....I'l!'~.I!iP:r.I!i. . . . . . . . . . . ., . . .. . .. , . " plaintiff. and ............. . . . . .~F;'J:F;~ .~ '. ."'F;~~~q~~~ . . . . . . . . . . . . . . . . . . . . . : defendant, are divorced from the bonds of matrimony, ~ ~ e g ~ 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; 8 1i: .,., ~ .,., NONE ...... ,. ,. ................. ....... ... ..... ...... "0 ....... ............ ....f e e ~ ?- e ~ ~ ~ ~----"...__.. .... ..... ..--_.. .. . ~~**~~.~.***~~~-~-*~*~ .~~,. ~~J, 1::', 9~ro,hOnO,nry 8 s 8 ~ e ~ <:' e 8 ~ '.' W <:' ,', ~ 8 a ',' $ e I, M ..' 8 8 8 ", ~ ,', ~ $ ~ ,', ~ ,', ~ .:. ~ ~ ... ~ ~ ~ ~ '.' s ,~ 10.' 1.-. ,. l~ ('.' I. I~ l~ . " , .-;..;)S,tJ) M ~jJf 11/~.,6~ ~ a~ /1'~;U- ~~0 ;Y~G1 ~ /l, z;;;4~. ~ /l 7 . . .. KAREN L MERlSOTIS, Plain tilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACfION - LAW 95-4775 CIVIL TERM PETER J. MERlSOTlS. Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following Infonnation, to the court for entry of a divorce decree: Code. 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce 2, Date and manner of service of the complaint: On or about September 9, 1995, the defendant was served with a certified copy of the divorce complaint by certified, restricted delivery mail, addressed to him at 221 Avon Drive, Carlisle. Cumberland County, PeMSylvania 17013, Return Receipt Number Z 069877282, 3, Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: By the defendant: March 12, 1997 March 3, 1997 4. Related claims pending: None . Esquire Date: June \'B'\-l\ ,1997 3, The Defendant is an adult individual who presently resides at 221 Avon Drive, Carlisle, Cumberland County, Pennsylvania 17013, 4, The Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for at least six months previous to the filing of this action in divorce, S. The Plaintiff and Defendant were married on October 8, 1988 in Carlisle, Pennsylvania, 6, Pursuant to the Divorce Code, Section 3301(a)(6), the Plaintiff avers as the grounds upon which this action is based that the Plaintiff is the injured spouse and that the Defendant has offered such indignities to her as to render her condition intolerable and life burdensome, 7, There were no children born to this marriage, 8, The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling, ,. ... '_":,i,+'-,i',_i,':'~'''-;~''"?t'~-''!:l:c'HiF".~''<-' WHEREFORE, the Plaintiff demands judgment a, dissolving the marriage between the two parties; b, equitably distributing all property, both personal and real, owned by the parties; and c, for such further relief as your Honorable Court may deem equitable and just, I verifY that the statements made in this complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa, C, S, Section 4904, relating to unsworn falsification to authorities. -~~d~ N 1.;. MERISO S Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: 60WestPom tS t Carlisle, Pennsylvania 17013-3222 (717) 249.2353 Supreme Court I. D, No. 25476 ~ Date: September .5 ,1995 + i..c- KAREN L. MEmSOTIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION . LAW 95- CIVIL TERM PETER J. MEmSOTIS, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDA VIT The Plaintiff, being duly sworn according 10 law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to authorities. September ..J:..:..., 1995 ~ REN L. EmSOTIS "'- Z Db"! 877 282 ~ Recslpt for Certified Mail . No Inlurai,ce Coverage Provided ~ 00 nOI uso for IntornBlional Mail (500 Roversel Iil .. I I I r (efl.l",.I...", SollnllQ SPft(.<JI 0..1,....,'" ,~l!' R,,""e!lId 0el'~"1~ Feol Rt'wln fflltt.~1 5110...."'11 10 Wtlom A 0..1101 D.1.",'l"IW Melum Hec~l Sho"Non'J 10 Wtlom Oall', illld Ad<tltu....., A{l<tl".., TOTAL PoMIQt' " fh'\ PoSl"ldIk or DdlD M;k? Cf -7-9~- .u.a. CIfIO: ''''''''''114 IJ ~..". { d~;". .: '.~~r DOMESTIC RETURN RECElPft,?t '. . VI. la die Court of c..--~ll P1eu of CIIIIIberiuad Cocm~, PcaasylnDia. 95-4775 CIVIL TERM elm, i9______ -------------------.--------------------.----- KAREN L. MERISOTIS, .--------------~UinnTr_---------------------- NI', -----..----..-------------.. PETER J. MERISOTIS, ---------------------------------------------- -.---------..-----------..--.------------------- .--.-.----.-----Def;~~i--------------------- ------....... ..---.. ... ..- .. .----.-- --.---------..- ----------------------..-----.....------------------------------------.--..--..--------------------- Please enter my appearance on behalf of the Defendant, Peter J. Merisotis, in the above-captioned 'O.. .-- -. --..nrJt~----------------------.---- .-.-------------- .. --.. ~ ...---------------..-----.. .-.-.---------------------------..--------------.-------------.-----.--.-.-.----------.----.- ---------------------------.--------------------------------------------------------------------- -----------------------------.-----------------------------------------.-.--.----.--.------------ ----------------------------.---.---------------------------------------------------------------. ----------------------- -- ---------------------------- --------.-.--.-----. -- ---------------- To -------------L;vvn;~c~~kCr:------------- Prolhononry --nate:....1/2l9'--------------- 19_____ 0::::; f~~~_~- ROBERT G, FREY Atlomey for Plaintiff 5 South Hnnover Street ,.....11_1.. .~.....__l_....l.. ..,,,.,, .\ " -. . FllEO-OFFlCE OF Tl.'r: f":''i,:lr'.I")TNlY No. _____._____________ Tem'l, 19..____. 91.1Ml-2 rl1 2: lit ----------------------------------------- .'. .' " 'I" '" ".. - ..,. CUl_'.r,J'II..f'~ ._; LA....vl'. 1 p~".I"yl\I"'.^ CI'.1 ,;) L..~r\PiJ\ VI. ----------------------------------------- PR,-\ECIPE F'~ed ___________________________ 19.__.._ ____________._____________________, .-\cry. ----------------------------------------- ,I " KAREN L. MEmSOTIS, Plsintlff : IN THE COURT OF COMMON PLEAS OF v, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION - LAW 95-4775 CIVIL TERM PETER J. MERlSOTIS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECfION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divozrce Code was filed on September 6, 1995. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3, I consent to the entry ofa final Decree of Divorce. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted, 5, 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 in this affidavit are true and correct, I understand that false statements herein made are subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. Date: Karch 12. 1997 ~ '~. J ~, .... /'.--, .... ".Ll. KAR&L. ME SOTIS Plaintiff . .. . , .. . KAREN L. MERISOTIS, Plain tilT : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION . LAW 95-4775 CIVIL TERM PETER J, MERlSOTIS, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may re{!uest that the court require that my spouse and I participate in counseling. 2, I understand that the court maintains a list of marriage counselors in the Prothonotary's Office. which list is available to me upon request. 3, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down, I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa, C, S, Section 4904, relating to unsworn falsification to authorities, Date: j-J- 'i7 ~SOTIS KAREN L. MERISOTIS. Plaint lIT : IN THE COURT OF COMMON PLEAS OF . . : CUMBERLAND COUNTY. PENNSYLVANIA : v. . . CIVIL ACI'ION - LAW . . . . 95-4775 CIVIL TERM PETER J. MERISOTIS, Defendant . . IN DIVORCE AFFIDAVIT OF CONSENT AND W AIYER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(<:) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divozrce Code was filed on September 6, 1995, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing ofthe Complaint. 3, I consent to the entry of a final Decree of Divorce, 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted, 5, I understand that I wilt not be divorced until a divorce decree is entered by the Court and that a copy of the decree wilt be sent to me immediately after it is filed with the Prothonotary, I verifY that the statements made in this affidavit are true and correct, I understand that false statements herein made are subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, Date: 3-J- '17 ~ A / ~ ER J. MERISOTIS Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: KAREN L. MERISOTIS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 95-4775 CIVIL TERM PETER J. MERISOTIS, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER AND NOW, fk.8.J... 10 , 191(, comes the undersigned attorney for the plaintiff and certifies to the Court that the above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following matters are at issue between the plaintiff and the defendant: (x) Grounds for Divorce; (x) Alimony pendente lite, () Support; Counsel fees; (x) Alimony; ( ) Paternity; (x) Equitable distribution ( ) Custody of property; ( ) Other Service of the complaint was made on the above-named defendant on September 9, 1995 by Certified Mail. An appearance on behalf of the defendant has been entered by ~ The following attorneys have been interested in other matters arising between the plaintiff and defendant: Contest iI indicated, AND NOW, "'1vc. 1.3 .19~ I ..LL. - Esquire, is hereby appointed Master in this proceeding to hear the testimony and return the record and a transcript to the Court together with report and recommendation, BY~:T(~.E ' -4,) ,. ~t:i J {, ~ c.... i , . '1 1 ..! ~:. ", lit- "l.-.:~A.;" LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER 8.111WJN AWfCIJI A.1AcICNIOHT.. JAJI6' D. HUGHI' IU!8ICCA Il HUGHI. DN/IEJ. W. DoAIfMENT weST POMFRET PROFESSIONAL BUILDING dO weST POMFRET STREET CARUSLE. PENNSYLVANIA 1701303222 (117) 24g.23~ FAX (117) 24U354 I!-NAIL: IMH LAWClAOL.COM HAIlOUl S IIIWJN (lIZ50llm HAIlOUlS_JIl ('_'HO) __IIIIWJN (I_'HO) __I_(l-'lIOf) January 10, 1997 Y1A FACSIMILE AND REGULAR MAIL ROBERT G. FREY, ESQUIRE FREY & TILEY 5 SOUTH HANOVER STREET CARLISLE, PA 17103 COpy Re: Merisotls vs. Merlsotls Dear Rob: Karen Merisotis indicated that the parties reached an agreement. I have prepared a Marriage Settlement Agreement which I am sending to you to review. I have also let the Divorce Master, E, Robert Elicker, n, know that I believe that we have this case settled, Please let me know if you have any changes to the agreement. Very truly yours, / :!Z- t,m MAMlmln Enclosure cc: Ms, Karen L, Merisotis E, Robert Elicker, Divorce Master '~t' VI. ra !he Co,," 01 CGIIIIIIlln Plas 01 CUlllhcriaad Collll&y, PtlIasy!\'2DiL 95-4775 CIVIL TERM Civil, i9._____ -----------.-----------------------------.---- KAREN L. MERISOTIS, ---------------~ainurr_.--------------------- Nil. -------------------------- PETER J. MERISOTIS, ------------.--------------------------------- -----------------------.---------------------- ----------..---i5efieOdant--------------------- ----.-....- ----.- . - .--.. .----.-.------------.- ----------------------..------...-----------------------------------------------.-.-------------- Please enter my appearllOce on behalf of the OefendllOt, Peter J. Merisotis, in the above-captioned .-.-------nnd~~--------------------------------------------------...--.~-----------------------. .---.-.------------------------.---------------------------------------------.-------------.- ------------------------------------------------------------------------------------------------- .------------------------------.----------------------------------------------------------------- ~---------------------_._-_._-------------_.------------------_.---------------------------- -----------------------..- ----------------..--------- .-----------....----..... .----..---------- To -------L8wrencewe~r;-------- Prothonotary --Date: 1/2J'Jr------------- 19_____ <;;::- (~_=:1- ROBERT Q, FREY Attorney for Plaintiff 5 South Hanover Street _......._._. ~____I__..I_ ..,nl" ~ "'" f:; I:) N :.'1 w-~ ' )..; u- '.~J~; !EO L._. u.. .- ~( ,'~"':j f, .:;.. C'J ';0(/) ~,. I :J:::: .~ -.. {L\L' ::~ '::H\1 r!..: IIJO- ~...; u.. ~. r- :::> 0 Cf\ U FREY & TILEY AlTORNEY8-AT-LAW & scum HANOVER S11lEET CARUSl.E. PENNSYLVANIA 17013 ROBERT M, FREY OF COUNSEL STEPHEN 0, TILEY ROBERT G. FREY TELEPHONE (717) 243-5838 FACSIMILE (717) 243-6441 january 8,1997 E. Robert Elicker, II, Esquire, Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 Re: Merisotis Divorce No. 95-4775 Dear Mr, Elicker: I am enclosing for your information a copy of the Praecipe entering my appearance on behalf of Peter j. Merisotis in the above-referenced matter. I have received a copy of your letter of December 17, 1996, directing pre-trial statements be filed on or before january 10, 1997. Sincerely yours, ~-L1 Robert G, Frey RGF cc: Marcus A. McKnight, III, Esquire LAW OFFICES IRWIN McKNIGHT & HUGHES IIOOERI. _ IWICUI.A. _.. _'0_' __IlHUOHn _ W. 0eAIIMENT WEST POMFRET PROFESSIONAl, BUILDING 110 WEST POMFRET STREET CARUSLE, PENNSYLVANIA 170.13-3222 (117) 248-2353 FAX (117) 24U>>f NIAlL: MlHLAI\QAOL.COM 1WlClUl"_ 1'825-Um 1WlClUl.._JIl 1'-'JIlI __._ /l_'~ __'_/l_'lIMJ March 17, 1997 E. ROBERT ELICKER, U DIVORCE MASTER OFFICE OF DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 Re: Merlsotls VI. Merlsotl~ 95-4775 Dear Bob: I have enclosed two (2) copies of the executed Marriage Settlement Agreement as you requested, Please let me know if you require any additional information. You should now be able to vacate your appointment in order for this divorce to become final, Thank you for your cooperation, Very truly yours, MAM/mIn Enclousre cc: Robert G. Frey, Esquire Ms. Karen L. Merisotis KAREN L. HERISOTIS . IN THE COURT OF COMMON PLEAS OF Plaintiff . . CUMBERLAND COUNTY, PENNSYLVANIA . . . CIVIL ACTION - LAW . . - 4775 VB. NO. 95 CIVIL 19 PETER J. HERISOTIS, Defendant . IN DIVORCE . STATUS SHEET DATE: ACTIVIT I 1/1'1/17 ... , OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreel Carlisle. PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Tracl .10 Colyer Office ManagerlReporter We.' Shore 697-0371 ExI.6535 December 17, 1996 Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 RE: Karen L. Merisotis vs. Peter J. Merisotis No. 95 - 4775 Civil In Divorce Peter J. Merisotis 221 Avon Drive Carlisle, PA 17013 Dear Mr. McKnight and Mr. Merisotis: By order of Court of President Judge Harold E. Sheely dated December 13, 1996, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on September 6, 1995, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. I am unable to determine from the pleadings whether or not the parties are willing to sign affidavits of consent. I am going to proceed, however, on the basis that grounds for divorce are not an issue. The divorce complaint also raised the economic claim of equitable distribution. The motion for appointment of Master indicated that other claims at issue were alimony, alimony pendente lite, and counsel fees. Those claims have not been raised in the pleadings. In accordance with P.R.C.P. 1920.33(b) I am directing Mr. McKnight, counsel for wife, and Mr. Merisotis, who apparently is not represented by counsel, to each file a pre-trial statement on or before Friday, January 10, 1997. Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel and Mr. Merisotis, if he remains . . KAREN L. MERISOTIS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 4775 CIVIL PETER J. MERISOTIS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this / Y tA day of mAlee-/' , 1997, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated February 5, 1997, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, P.J. co: Marcus A. McKnight, III Attorney for Plaintiff Robert G. Frey Attorney for Defendant ~~ 3 (4't/r;7, ~.'f. -"'"..Y"~' ' FIL[i)-C?::lC: CF 'i;'~ .~,..-;, ,., , ....'rl\I ... II C7 tt",... I'll ._ r II ":~ I.:. . , ., ',~" t:::;" ; I; ~I' .' w c., . . ........ r .; I ~ t ~. : , ' . -' ~ ri.:.I'h',.;l.."" ".;,'\ . . 2, The parties have attempted to divide their matrimonial property in a manner which confonns to a just and right standard, with due regard to the rights of each party, It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing, Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other, 4, ,. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby, 2 /~ , , Each party to the Agreement acknowledges and declares that he or she, respectively: (1) is represented by counsel of his or her own choosing; (2) is fully and completely infonned of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and leAal effect. This Agreement shatI become effective immediately as of the date of execution, 5, It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401 (e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns, The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate, 3 It is the further purpose of this Agreement to settle forever and completely any obligation under the PeMsylvania Divorce Code rrlating to spousal support or alimony, 6, Each party represents and warrants that he or she has made a fu\1 and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge. lien, charge, security interest, encumbrance, or restriction to which any property is subject, Each party further represents that he or she has made a fu\1 and fair disclosure of a\1 debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other, Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. APARTMENT LEASE: HUSBAND agrees to guarantee that WIFE may continue to lease the apartment located at 123 West High Street, Carlisle, PeMsylvania 17013 for the sum of ~.,;t'" I'- \J.oJ~ t1~ t.--l .-t \0 -t'rJ'c..Lt.J I~ 'V'o...Jt...~ Two Hundred and nol100 ($200,00) Do\1ars per month" WIFE will be responsible for all utilities,\'-<'- r. ~", /11; This lease ..1"1 "ulldnue fur liS lonll 1I. vrn dtsil... ,U lease said propellY And tlte llllildill~ 1":/ Qontinneq In b~ ont:l~.tJ by mJSBA!ID andler any member ,...rhic r~mlly nr hie heirs SAd assiglls. jLLt\ ----. 4 8, SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to the WIFE, WIFE will not provide any financial support to the HUSBAND, The parties also waive any right they have to receive alimony payments from the other following the entry of the Divorce Decree in this matter, 9, PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a, The personal property in his possession; and b, His bank accounts c, His automobile WIFE shall receive the following items: a. The personal property in her current possession; b, Her bank accounts c. Her automobile The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND, HUSBAND likewise wllives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter 5 . ., belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other, 10, HUSBAND'S BUSINESS: WIFE agrees to waive all her right, title and interest in the business of HUSBAND known as GEORGE'S PIZZA and any other business in which he has an interest. In consideration, RUBAND agrees to pay to WIFE the sum of Five Thousand and noll00 ($5,000,00) Dollars $=:>; <;>ao, ou a,) The sum of:Fhree TIlQIIEand Five-HuadFed-and-noIlOO ($3..500.00) Dollars upon the signing of the Agreement; and 1T.) Th" ~UIII uf 011" Thou~wld fi.e IItlftEife6-and nollee ($1,500.00) OQUan 0" nr hefoIe 4\inct) (9Q) "RY' &nm tbo: date-6fthi~ AO'''''IIl''IIr.[9 T(-lfI 11. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 6 ~L" n ." '(., 12, BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND, The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE, 13. DIVORCE: The parties both agree to cooperate with each other in obtaining a tinal divorce of the marriage, It is agreed that the parties will execute and tile the consents necessary to obtain the divorce, Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 14, BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDmONAL INSTRUMENTS: Each 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 the provisions of this Agreement. 7 fro:' 16, VOLUNTARY EXECUTIO\l{: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence, The provisions of this Agreement are fully understood by both parties 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, 17, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, 18, APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania, 19, f.RIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 8 20. PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain and complete the divorce, 21. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, 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 now have or hereafter acquire, under the present or future laws of any jurisdiction. to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above ~tten, ~-JJ~/ /!t~EAL) "4 L. MERISOTIS (SEAL) 9 COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this J~ '" day of J:~~/'J~4/'l.I-.. , V 1997, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, KAREN L. MERISOTIS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she eKecuted the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~;/'1!d COMMONWEALTH OF PENNSYLVANIA Nolarial Seal Martha L. Noel. Notary Public Carlisle Bora, Cumlleriand County My Commission Expires Sept. 18. 1 q99 ember. '1nnsvtvania SSOCI<!' rl'l ., OI:1'le~ SS: COUNTY OF CUMBERLAND /'l.. PERSONALLY APPEARED BEFORE ME, this 2- day of f.- J. r...J.....f 7 1997, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Perry, PETER J. MERISOTIS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he eKecuted the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~-/(o N01~RlAL ~L ROSEIIT Q FREY. NOT^RY PUBlIC Ct,~ll!:L l: :1".r:""; I' . f"['\,.,t.TV PA MYC~:<:;.... __, ..c.~;. !ssa ~ 0.. \ 10