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Home My WebLink About95-05069 :91 3 -Y oJ cE . -7 ""0 / 3 ~ J 1 ~ ~ J! I , I 0--: ~. 0: l(): ...... '. ....,..'\. . <+:. .:.:. .:.:. .:.:. .:+;. .:.:. .:.;. .:.:. .:+:. .:.;. .:<<. .:.:. .:.:. .:.;. .:.:. .:.:. .:.:. .:+:. .:+:. -:+:. ~. .:.:. .:+:. .:.:. .:.:' :4lCo ..:+:. .:.;. .:+:. .:.:. ';4 ,..( ~ ~ ,,-- ...-~ ~,' ~-~,' ~-. - , ,_-. ' '.', ~ WI '.' WI '.'1 , ~ i!. w.' "'i .. ~ w '.' ~ ~ ',' WI ;l ~I ~I '.'j . , ~1 '.'( b\ '-( . ! ~i '1 ~I PLEAS IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF HILARY PAE'rlOLD Plaintiff '.1'1'.";11,-- MICHAEL J. PAE'I'ZOLD Defendant .. ~ *tf' .-, ~.,'. _~.;r PENNA. ;\; () , 95-5069 1<) DECREE IN DIVORCE .', Q .~ ... .ft '-N.aJ1' 2... HILARY PAE'rlOLD ...'............. ' AND NOW. ~. 81 8 decreed that and. . MICHAEL J. PAE'rlOLD 19'4. it is ordered and . . . . . " plaintiff. . . . . '. defendant. .:, ~ are divorced from the bonds of matrimony, ~ ,;, l:> 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; None " ~ ~ ~ All. issues resolved by Marriage .Settl~~tAg~eement dateQ.Jan~a~Y.5, ~996 which Agreement is hereby incorporated, but not merged, into this Decree in Divorce. ~ ~ ~ ~( . i ",\ ~ ~ ~ ~ Ii, ThP.lii~'l ~L. '\II(',,~ \'4'c.'u'<6' pC;/~~{ ;"~'rl~> 7. /./ (/ L, ~ ,,,.;/ 7' ;/'A 1", ^ ..-"~'c;''('! 'rA.. /I" ;tndhullol.\T\ . :.: .:.: .:.:. :.:- .:.; <.: .:.: -:+: :.: ;.:. -:.; -:.: -:+: :.: :+: :+: ,~ '."" , . /~ Iv I. IW /'.' ~ 0:" ~ '.' l~ I':' l~ ',' ~ ~ ~ !.... I.. I' ,~ ~ ',' ~~ iV J',- I. l~ ~~ II" I. !~ . . ,~ w ('.- I. ')I '. i,', ~ ~ '~ ~ .~ '~ '$ ~ '~ ~ ~ ~ ~ ~ ~ ~ ~ .. f ~ - ._~ "- ,~ OJ stJu ad c'f1/'1t;Jit;6 4 /'4 d s t9? d7t .Rf'~ -h tY . i , ) I I ..;1' ..a 111/ .a , - " . . ~ . -:.:. .:.:. -:.:. .:.:- .:.;. .;.;. .:.;. ':~:'. ::~. .'~:' ~:~:.~ -:!::_~:~~_:.:'....:~!=-~'::""~~"'::~'~"'~:~~~:'~_~!~~~'~:!:~_,~:.!~~,~~~~~:~:~__:~.?'_5!::_~':!:' .~. ~; ,--..._-~--~-.....-~-,.,. I ~ .,'. t. '-I I~ . Iv ~I IN THE COURT OF COMMON PLEAS i~ wi I.;" u ~ I~ ~( ~( ~ 8 8 81 8l _I f .-!.:. .>>:. .;,0:. .>>:- ~ ,:, r,; WI <;', w '.' ,:, r,; ~ '.' '" ~ w '="" " ~ w '.' w ',' ~! '"', ~\ .',! ,,) . I W'- .,.( ; ~ " ~ Mo 8l ~l ~l ~ ~ " r,; ~ '. 8 8 , OF CUMBERLAND ~ STATE OF . COUNTY PENNA. HILARY PAETlOLD Plaintiff i\ (), 95~5069 ",qV,I,r., TERM CIVIL ACTION - LAW \'1'1':'(1:' MICHAEL J. PAE'I'ZOLD Defendant DECREE IN DIVORCE AND NOW, . . . . . . . . . . . . . . . .. . . . . . . . . . . " 19 ....., it is ordered and decreed that . .1In~lW. P/'.mOLP. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . " plaintiff, and. . . . . . .MI.~ .J..P~oLD. . . .. .. . . . . .. . . . . . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None - all issues resolved by Marriage Settlement Agreement dated 1/5/96. n ,. T h.. en u r t : Alt..,l: . Prnthol\olr\r)' J. ~ ~ ~-*~~.~.*.~.~..~~.~.**,~.*~..~_.~.~,.~.~'~.~.-~.~. ~ '.' ~ '.' ~ '" ~ '.' ~ ,,. ,', ~ ~ ~ ~ ~ <;', <*. '.' ~ ~ ~ I, ~ '.' w ~ ~ '" !~ " ':,~ ".' i . :~ '.' ',', ,~ ~ ~ .~ I ..~ .~ ~ * ~ ~ ~ ~ ~ ~ ~ ~ .' " '.. . IN TilE COURT 01' C~ON PLUS O~' CI1If1lERl.A11O COUNTY, PEllllSYLVAlIIA NO. '15-50bl) CIVIL TF.I<N HILARY PAETZOLD, Plaintiff vs. MICHAEL J. PAETZOLD, Defendant PQAECIPE TO TIWlSMIT RECORD To the Prothonotary: ~ranSmit the record, together vith the folloving information, to the court for entry' of a di'VOrce decree: 1. Ground for divorce: irretrievable breakdovu under Section (3301(c) (Strike out inapplicable section.) , 2. Da.te and lIWlIIer of service of the complaint I . .' OctohRr 3. 1995 Acceptance of Service 3. (Complete either' paragraph (a) or (b) .) .. '(a) Da.te of execution of the affidavit of consent required by Section 330l(c) of the Divorce Code: by the plaintiff Januarv 5, 1996 by defendant January 5, 1996 (b) (1) Date of execution of the pla1ntUf'. affidAvit required by . . Section 3301. (d) of the Di'VOtce Codel nla (2) date of service of the pla1ntUC's affidavit upoQ the dden~.ntl nla 4. Related cl.a1ms pending: None - all issues resolved by Marriage Settlement Agreement dated 1/5/g~. 5. Date and manner of service of Notice of Intention to file Praecipe to Tra~smit Record, 'il, copy of'whlch Is attached: . n/a . . , . . , -~ -- ~ -, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 95-5069 HILARY PAETZOLD Plaintiff MICHAEL J. PAETZOLD, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ECTIQN 33\.>1(c) OF THE_DIVORCE COD~ 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights conceming 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 in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Dated:-d1dkJ~ DIANE G. RADCLIFF ATTORNH-AT.I.AW '..II TRI"OU IOU) (AMP lUll, .." 17011 DIANE G. RAIK:I.1Ft ArrORNU.A'..A'" 'Utl 1 Rl!'Iri.l1It IU."," CU., 11111, P.' 171111 , HILARY PAETZOLD Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, 95-5069 MICHAEL J, PAETZOLD, Defendant : CIVIL ACTION - LAW : IN DIVORCE T ~ 33Q1(c) OF IIiE DIVORQ.E COD~ 1. I consent to the entry of a final decree in divorce without notice, 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ifl 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 e copy of the decree will be sent to me immediately after it is flied with the Prothonotery. I verify that the statements made in this Affidavit are true and correct. understand that lalse statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904 relating to unswom falsification to authorities. Dated:r ,J(,.; ~_19~{._u___ ~~~~ HILARY ETZOl: >- ~~....., ~ - - I; co x: 03: oc: . 9~ 1.0 - I~ W '.2: o:~ oct ...., L!. 1.0 ~'.' 0 C'l 8~J~ ! 'Cf:! ~I~m JII! .. ." i '. .a... ,. , , . . . . . la -* _.. ,. .. . . ~ ~' . .~ .... . ~ '1-. ..; ,'. . . . DIANE G, RAllCl.IFF ArrOItr.H'.Al".I,AW Hi" -llu"m l IOAI' l.AMP 11111. p-, 17011 '\' "" .. 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 Cumberland County divorce action cIocketed to number 95-5069 Civil Term. As soon as possible under the tenns of said Divorce Code, being on or about December 22, 1995, the parties shall execute and file all cIocuments and papers, including affidavits of consent, necessal}' to finalize said divorce. If either party fails to execute and file any documents necessal}' to secure said divorce decree within five (5) days of the December 22, 1995 date or if said party seeks to revoke any cIocuments so filed so that the decree cannot be obtained within two (2) weeks of the December 22, 1995 date, then the other party shall have the right to elect to tenninate this Agreement, in which event all rights and obligations arising under this Agreement shall be null and void and the party shall immediately execute such cIocuments and make such transfers necessary to 3 DlANI G, RADCLIFF ATIOIlNE\'.Al'.I.AW M" TalNlUf .o"n (,AMP HIU. 'A. "'11 1,' , . 4...' , retum the parties to the same condition they were immediately prior to the signing of this Agreement. 3. EFFECT OF DIVORc;E 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 court 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 4 ~. , . ( 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. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, HUSBAND acknowledges that he has been advised of his right to be advised by an attomey of his own choosing prior to entering into this Agreement and that he voluntarily has deCided not to retain such counsel, and further acknowledges that he has read or had a full and complete opportunity to read this Agreement that he understands his legal rights and 5 UlANE G. RAIlCI.IFF ATH)R:O;f.\,.AI'.I.AW \..8 ,...'11I. aUAl) L.\MP UlIl , p,.\ 17011 , , ' JII obligations pertaining to the dissolution of the marriage and the collateral economic issues pertaining thereto and accepts said Agreement as being fair and equitable and that said acceptance is not based on any advice or representation made by WIFE'S counsel, Diane G, Radcliff, Esquire, nor has any such advice anellor representation been given to HUSBAND by said counsel. 9. BNANCIAL DISCLOSUR E. The parties confirm 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 PROCEm,JRAL RJGHTS. 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 hold 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. 6 DIANE G, RAocun Arf'ORNU.AT.I.AW '441 TI.""nu IO,\U {.AM' IIIU. P-' ITOlI , " ~ , . 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 influence 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 inventol}' 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, c. The right to have property identified and appraised, d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court detennine 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, 7 DIANE G. RADeI.IFf' Al"()RNn.Al.I.AW '"fA ..'!'\iUI. 10,,1) I.AM, It 11 I , P." 11011 D1ANF, (;, RAOCllFF 4TTOaNH..41.1.4W ......11..'111. IUA" (,\4P 11111. " l'UII . ,. 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. PERSQNAL PROPERTY. HUSBAND and WIFE do hereby acknowledge that they have previously agreed to a division of their tangible personal property including, but not limited to, household goods, fumishings, appliances, personal effects and the like. With respect to said agreement, WIFE shall receive as her sole and separate property all of the said tangible personal property located at 23 Goldenrod Drive, Carlisle, Pennsylvania, with the exception of HUSBAND'S clothing and personal effects and HUSBAND shall receive all of his clothing and personal effects as his sole and separate property. Each party specifically waives, releases, renounces and forever abandons any interest that he or she may have in the aforesaid tangible personal property that is to become the sole and separate property of the other pursuant to this Paragraph. 8 IlIANE (;, RADCI.IH' .\ nORNH..\T.I.A\\' '44. IIlISUI.. anA-I) (AMP 11I11. PA mUI '" , 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 valued derived from any prior sale or trade in thereof, they agree as follows: (a) 1990 Dodge Caravan shall be the sole and exclusive property of WIFE. (b) 1986 Acura shall be the sole and exclusive property of HUSBAND. 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 9 DIANE (;, RAOCUrr ATJ'(IRSH-A r-\.AW ,... 1.1'1n I I(UU LUI' 11111. ,,, 170H . .. on the date of execution of this Agreement and said executed titles/assignments shall be delivered 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 agreement 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 the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefor and said party further agrees 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. ptVISIQN OF 8EAL E$TATE. The parties acknowledge that by deed dated September 18. 1995, HUSBAND previously conveyed all of his right. title and interest in the real estate located at 23 Goldenrod Drive, Carlisle, Pennsylvania to WIFE. HUSBAND hereby reaffirms said conveyance and hereby waives any interest, claim or right he may 10 mANE G. RAOCLlFF A1l0IlNEY.AT.\,AW )44' ...INnlt InAll CUf' tIIU, PA 11011 . " have in said real estate and acknowledges that said real estate shall be the sole and separate property of WIFE, WIFE hereby assumes sole liability for the payment of the Harris Savings mortgage on the said real estate and agrees to indemnify HUSBAND from all liability thereunder. 15. EACH PARTY RETAINS OWN PEN$ION ~LAN~. 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 Sharing Plan, 401-K Plan, Keogh Plan, Stock Pian, 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, 18. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA 11 . ' 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 value in the possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, 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. As clarification for the foregoing, the parties agree that HUSBAND shall receive as his sole and separate property his Farmer's Trust account held in his sole name and WIFE shall receive as her sole and separate property her Members First account and Prudential account held in her sole name. 12 D1ANF. G, RAOCUFF AlTOIlNH.AT.I.AW ~.4I ] .1~lllt IOAU C4.MP ttll I ,P" 17ttll '\ " DIANE G, RAOCUrr An'OIlNF.\'.AT.I.AW J441 TalNUlf .0"" l..4N1. UIII. '4 17011 . 17. MARITAL DEBTS, The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligation s arising during the marriage and in accordance therewith any obligation being paid by a party 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 for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. With respect to the foregoing it is acknowledged that HUSBAND shall pay and shall indemnny WIFE from all liability thereunder for the Mastercard debt in the approximate amount of $3,600.00, which account is in his sole name, and WIFE shall pay and shall indemnny HUSBAND from all liability thereunder for the 13 ._-... Discover Card debt In the approximate amount of $2.400.00. which account Is In her sole name. With respect to the foregoing it is acknowledged as follows: (a) HUSBAND shall pay and shall indemn"y WIFE from all liability thereunder for the Mastercard debt In the approximate amount of $3.600.00. which account is in his sole name. (b) HUSBAND shall be solely responsible for the payment. and all debt. obligation and liability. coming out of his wrongful receipt of funds through his employment including. but not limited to, HUSBAND'S obligation to pay restitution thereof. pursuant to a plea agreement entered into by HUSBAND and the Pennsylvania Attomey General's Office, 18. WAIVER OF INHERITANCE. Each of the parties hereto does spec"ically waive. release. renounce and forever abandon any right. title, interest and claim. " any. either party may have in and to any inheritance of any kind or nature whatsoever previouSly or in the future received by the other party. 19. WIfE'S DEBTs" WIFE represents and warrants to HUSBAND that since the partieS' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and 14 D1ANI G, RADCLIff AnoIlSJ.l'.AT.I.AW 'Hllalsot t: a(u,U CA'" Hilt. p'\ 110ll . ' , warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement. for which HUSBAND or his estate might be responsible. WIFE shall indemnity and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 20. HUSBAND':$. 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. 21.~ The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations 15 DIANE G, RAOCl.lfF ATl'ORNf.\'.AT.I,AW :944' r.l~nu 10AU CUI' 11I11. PA 17011 " 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 retums. 24. 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. 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, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 25. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPgRT, MAltiTENANCE AND COSTS. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future. against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. 26. CUSTODY. WIFE shall have primary custody of the parties' minor child. Philip J. Paetzold. HUSBAND shall have partial physical custody of said child at such times as the parties shall mutually agree. 17 DIANE C. RADCUFF ATTOIlNEY.A....!.A" 54" ra.snt t .o~n (:AM' 1111.1. 'A '7111 DIANE C. RADCUn Al"TOIlSEY,AT.!.A" !44' '.I.Nllff Ilo"n CAMP 1111,1. ,"" 11011 .. 27. SUPPORT. HUSBAND shall pay WIFE support for the aforesaid minor child in such amounts as the parties shall mutually agree and, in absence of said agreement. in such amounts as may be directed by any court of competent jurisdiction. 28. 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. 29.~ 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 interests, or 18 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 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 curtsey. or claims in the nature of dower or curtsey 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 a 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, counsel fees. 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 arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give 19 DlANf. C. RADCUFF ATTOIlSEY.AT,!..'" 't_ ..1.ShU IlOA.n CUI' fIIU. r,~ 11011 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 33. 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. 34. OTHER DOCUMENTA nON. 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, assignments, 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. 35. NO W~VER Of DEFAULL 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 21 DIANE C. RADCUff ATIOIlNU.AT.!.A" 544. TIINOU. ROAO (:AMP UIl.L, PA 11011 DIANE C. RADCUff ATJ'lIIlNH.A'r.I.A" :If.. 11.'0I_r lu"n LAM' 11111, '4 17811 .. (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the makiny of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (7) the award of counsel fees and costs; (8) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 37, SEVERAQ,ILITV. 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 anyone or more of the paragraphs herein. with the exception of the satisfaction of the conditions precedent. shall in no way avoid or a"er the remaining obligations of the parties. 24 DIANE C. RADCLIFF ATIOIlNH.A....I.AW :14..8 .I.I~OU an"ll (:,UIP It II I . U 11011 " " . . '. 38. LAW OF~SVLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 39. tiEADINGS NOT PART OF AGBEEMENT. Any headings 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 ORDERED BY THE COURT AFTER A FULL HEARING. 25 DIANE G. RAOCLlFf ATI'OIlNU.AT.I.AW ~Ud HII~m I I..AO <:..0" 11111. ,,, 1'7811 .... . " IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: 0' !., ,'h/i.~/11 II. ,-1J./fljhllflJ.lL(_ ~ O~ 1 ~l.' l . Il w.<U--- (SEAL) (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ih. On this the ~ day of -r C\n . , 1995, before me the undersigned officer, personally appeared, HILARY PAETZOLD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. /'/1()1 ( 1 Jl-') LU , I NOTARY PUBLIC - 1 II:. t,'. ;', nub:lc l '>":'1 ~-,,",,:: ~~ ;"~'" '.J.".:::.~;.\l1dCQ~n>\ _ ':,:!j"m.~,;;,;i \ < .. ":'....pt. 20. 1 ~- . Iti.':l1~lI~yi;;w-A$~Cclatlon 01 NCll!:t;S 26 DIANE C. RADCLIff ATIOIlNEY.AT.J.AW :1441 Tl.lSnU aOAll CUI' 1111.1., P" l'mll - '- . . --. . . " . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. rx.~ , On this the 'V day of -:l71n . 1995, before me the undersigned officer, personally appeared, MICHAEL J. PAETZOLD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~ .~~ t i 1)0 N&f4- PUBLIC ....... t "." '... ..Ot'!",' ,_l'~ Public l ..' ':,.)l1'1g T.,'.. :-,,"":Ot.rtand County ....ll,H!lI~siO:l (}.r/ -\l': Sept. 20. 19:J) ,,'.illbll, f.nn~yl~allta AsSOCIation 01 NotamiS 27 r1 ~ ~ s ~ , . '" '" ",' l' ~ .... .... . i I1J ~t: a: .;~~ !"'t ~~&:'! N ,~...." N It;~Q;: __ j .....::t'...;J ".'i' ~ <0(,).. h.R.:,~~(h N ....t_._(t.;..'J:- N ~. ~:J&.t~ "';r.~HJ lb ~.~.l:~ t.'i, ~;i5' 'r" .~ ... ~ ~ ~ cl ~ 5JJ! ! ~t:: ~h~ III! "', ," . . . . , ... . . . .. . , i I, . . . . ~ 0- .... ~ DIANE C;. RAIICLlff ATJ'lIRSH-Al'.I.AW Ht8 '11l1'1ll r aOAn (:A'tP 11111, p.\ 17011 ."", ..-. HILARY PAETZOLD. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95--'i)(,~' CIVIL TERM MICHAEL J. PAETZOLD, DEFENDANT CIVIL ACTION. LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage. you may request marriage counseling. A list of marriage counselors is available in the Office of the prothonotary at the Cumberland County Courthouse, Carlisle. Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 1 DIANE G. RADCLIff A rT()R~H.AT,I.AW 1448 TRI'IlU anAl) C.~MP ifill.'" 171111 .. V E R I F I CAT ION HILARY PAETZOLD verifies that the statements ~ made in this COMPLAINT FOR DIVORCE are true and correct. HILARY PAETZOLD understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. J1~ V~ !, I ~~~ ~ .-- ..... '. . . . " , J ... ~.- HILARY PAETZOLD, PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 95-5069 CIVIL TERM MICHAEL J. PAETZOLD, DEFENDANT CIVIL ACTION - LAW IN DIVORCE ACCEPTAN.CE OF SERVICE I, Michael J. Paetzold. the Defendant in the above-captioned divorce action, hereby accept service of the Complaint in Divorce filed on September 22, 1995 in the Court of Common Pleas of Cumberland County. Pennsylvania. Date: IJ/~)/i{ <{ DlASE G. RADCLIff A rrORSEY.A T.(.AW 5."111'01.1. "OAn C,\\I' ttllI.. ." 17011 DIANE C. RADCLIff ATIOIlNE\'.AT.I.AW t4411"IISnU ROAIl C'M' mu. 'A 11011 'I; . . . .',' ' ,.' HILARY PAETZOLD Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 95-5069 v. MICHAEL J. PAETZOLD, Defendant : CIVIL ACTION - LAW : IN DIVORCE MfIDAVIT OF COtjaENT 1. A Complaint ill Divorce under Section 3301(c) of the Divorce Code was filed on September 22, 1995. 2. The marriage of Plaintiff and Defendent is irretrievably broken and ninety (90) days have elapSed from the date of filing 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. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unswom falsnication to authorities. Dated:~ ;'O,!1j(.. 4jt1r.~'I/~~~ ~6L:O. DIANE (;. RADCl.Jff ATUIIlNU.AT.UW ,.... .al__1ll t au.\u L,,~r 11111 . ,,, 17011 -<... ,'.. ....'. i" . ... . HILARY PAETZOLD Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 95-5069 v. MICHAEL J. PAETZOLD, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CON$ENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 22, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unswom falsification to authorities. Dated:~li.h_ Hilary paetzold, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA NO. 95-5069 CIVIL TERM v. Michael J,' paetzold, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 330l(c) of the Divorce code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) dayr, have elapsed from September 22, 1995. the date of filing the complaint. I consent to the entry of a final Decree in ;,. 3. alimony pendente lite, marital property or counsel fees or 4. I understand that if a claim for alimony, Divorce. expenses has not been filed with the Court before the entry .. of a final Decree in Divorce, the right to claim any of them , are true and correct. I understand that false statements herein I veri~y that the statements made in this Affidavit will be lost. are made subject to the penalties of 18 pa.c.S. Section 4904 relating to unsworn falsification of authorities. .~ ~~~ HILA y' PAETZOLD ANi' G. RADCLIff rl0R:.;n.AT-lA\\, ,H8 l}ll~DU JOAn (^~,r Hilt." I~Ol\ D1>.TED: \~ of, ,qqt, Hilary Paetzo1d, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-5069 CIVIL TERM Michael J. Paetzo1d Defendant 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 22, 1995 2. The marriage of Plaintiff and Defendant is irretrievably broken'and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or " expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them , will be lost, I verify that the statements made in this Affidavit are 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 of authorities. If) DATED: '/:;/tl6 MICHAEL J. ANE C. IlAIKlIH TTORNU.AT.I.A\\' 14". TIINDt ( l040 UMP HIlI.'to I':'DII