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HomeMy WebLinkAbout95-05096 --1 ] 2- 6, 1 ,,; I 7 I j:::: 1 . J 1 J~ , ( ~ J , j , --31 gl If) . ::.~_-:.:- .:~. .>>:. .:.:' ':!:~'~:""!::~_':.:' .:c- ':.:. .:.:' ~":~~'~'~.:'::~',~', '~~~~':!:-'~ ::.:'.,':~~"~:!:'~~:.:: ,':~:'_'Ec' 5':' ';4 ;,:' ','/ !-I ~I !-j ~ ~ ~ ~ ~ ~ 8 ~ ~ ~( ~l ~ f ~ '~; ~'I. .. : I ~: IN THE COURT OF COMMON PLEAS ~I ~I '.', OF CUMBERLAND COUNTY ~! "I ~l ~I ~l -"l 8' STATE OF PENNA. ~ ',' WILLIAM CAMPBELL, i\ (I, 95-5096 II) ~ Plaintiff ~, \.\.1.:..;11..... ~ ELIZABETH CAMPBELL, 8 Defendant ~I .. ~j ':'1 ~I , , DECREE IN DIVORCE AND NOW, ... ,~~.., ~~...., 19 q,k?, decreed that "', wi.1J.illP\ ,C~PQ~J.;L, , , , , , , . . . , , . " plaintiff. defendant. ~I , i wl ',' ~( it is ordered and .. S and.,... .",.,. ,EHza,beth.Camp,bep"" "." 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; ~"--t. The Marital Settlement Agreement is ~/t~~r~ted herein but not merged, 7pC B v T h ~ en lIll ./ .1 "-.I ~./ :' ^"..~"".- :, ~;fj'~4',"~)' ~:pn; K .-y4, i \ IJln,honoliH\ \'~ . ' , I,'. i~ , \~ l~ l~ ~ ',' l~ " * ~ '.' w .~ * ',' ~ ... t.., (~ I.:. (~ I' i~ J" , . . )~ i.:. "~ I':' .', ;~ , , ;~ r.-, .'~ .~ '" ,~ '* ~ .~ ~ ~ J... ~ ~ ~ *- ~ ~ .I, ~ ~ ~ ~ ~ ~ . ~'~..~.~.~.~.~,~.*~~~.~~~,~.~~:.::~~ ;) J7.9t. i!ed. tt~ ~Jt/ -Iz a-lf ~~ d '..J) '7C- '7ft.:t~ /w';:4I z, (111 '. " '. ,. . , i . , MARITAL SElTLEMENT AGREEMENT THIS AGREEMENT, made thisL day of ~h:ro(.,' k'~f, 1995, by and between ELIZABETH CAMPBELL, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and WILLIAM CAMPBELL, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on October II, 195 I, in Harrisburg, Dauphin County, Pennsylvania. WHEREAS, the parties separated in March, 1973; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, 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; 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 of the 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, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: I. RECITALS: The parties agree that the preceding WHEREAS clauses shall be deemed contractual in n'lture and not mere recitals, 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories. motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure, Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The respective parties do hereby acknowledge. recognize and accept that there has been full and fair disclosure to the other of his or her assets and liabilities, and each pany agrees that any right to further disclosure, valuation, enumeration - 2 - .t( : or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs. executors, administrators or assigns. that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators and assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. The parties further acknowledge that they have been li"ing separate and apart since March, 1973, and that the majority of their currently held assets were acquired after the date of separation. 3. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. .3. . . . " 4. INTERFERENCE: Each pany shall be free from interference, authority. and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither pany shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apan from the other, and each of the panies hereto completely understands and agrees that neither shall do or say anything to the child of the panies at anytime which might in anyway influence the children adversely against the other pany. it being the intention ofbolh panies to minimize the effect of any such separation upon the child, - 4 - 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either pany, This Agreement is not intended to condone and shall not be deemed to be a condonation on the pan of either pany hereto of any act or acts on the pan of the other pany which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof 6. SlTBSEOlTENT DIVORCE: The panies hereby acknowledge that HUSBAND has filed a Complaint in Divorce in Cumberland County to Docket No 95-5096 claiming that the marriage is irretrievably broken under Section 330\(c) of the Pennsylvania Divorce Code WIFE hereby expresses her agreement that the marriage is irretrievably broken .~ .' and expresses her intent to execute any and all Affidavits or other documents necessary for the panies to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as she executes this Agreemcnt. The panics hereby waive all rights to request coun ordered counseling under the Divorce Code. It is funher specifically understood and agreed by the panies that the provisions of this Agreement as to equitable distribution ofpropeny of the parties are accepted by each pany as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, counlry or jurisdiction, each of the panies hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or funher modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the panies shall remarry. It is the specific intent of the panies to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 7. INCORPORATION IN DIVORCE DECREE: It is funher agreed. covenanted and stipulated that this Agreement, or the essential pans hereof, shall be incorporated in any decree hereinafter entered by any coun of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for thc purpose of enforcing the contractual obligalions of the parties This Agreement shall not be merged in any - 5 - ,. such decree but shall in all respects survive thc same and be forever binding and conclusivc upon the panies, 8. EFFECTIVE DATE: Thc cffcctive date of this Agrcement shall be the "date of execution" or "execution datc," dcfined as the date upon which it is executed by the panies if they have each executcd this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the pany last executing this Agreement. 9. DISTRIBUTION DATE: The transfer ofpropeny, 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 Agrcement unless otherwise specified herein, However, the suppon and/or alimony payments, if any, provided for in this Agreement shall take effect as set fonh in this Agreemcnt. 10. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the propeny (including income and gain from propeny hereafter accruing) of the other or against thc estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any pan thereof. whcthcr arising out of any former acts, contracts, engagements or - 6- " liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or cunesy 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, 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. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all propeny 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 ofany provision thereof It is further agreed that this Agreement shall be and constitute a full and final resolution ofany and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. .7- ,- 11. REPRESENTATION BY COUNSF,/~: This Agreement has been prepared by EMILY L. HOFFMAN, Esquire, counsel for HUSBAND. At the commencement of and at all stages during, the negotiation of this Agreement WIFE has been informed that EMILY L. HOFFMAN has acted solely as counsel for HUSBAND and has not advised or represented WIFE in any manner whatsoever. WIFE at the commencement of, and at all stages during the negotiation of this Agreement has been advised that she could be represented by h own counsel but at all times has elected not to be so represented. WIFE has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. HUSBAND and WIFE acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any time raise as a defense or othenvise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. - 8 - , 12. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other pany may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the olher party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 13. W ARRANTY AS TO FUTURE OBLIGATIONS: HUSBA.,<n and WIFE covenant, warrant, represent and agree that, with the exception of obligations set fonh in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each pany shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 14. PERSONAL PROPERTY The panies have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other anicles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other Should it become necessary. the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request - 9. I By these presents, each of the partics hereby spccificaUy waives, releases. renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the posscssion of the other, and which shall become the sole and separate property of the other from the dale of execution hereof. 15. DIVISION OF REAL PROPERTY: (a) HUSBAND purchased and paid the full amount due for the property situated at 12 Field Crest Drive, Mechanicsburg, Cumberland County, Pennsylvania for his WIFE, therefore, HUSBAND agrees to transfer all his right, title and interest in and to the aforementioned real estate which is now titled in the name of HUSBAND and WIFE as tenants by the entireties to WIFE. HUSBAND agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer oftitle upon request. HUSBAND further acknowledges that he has no claim. right, interest or title whatsoever in said property and further agrees never to assert any claim to said propeny in the future. HUSBAND agrees to execute a deed conveying his interest to WIFE. (b) WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 507 Miller Road. Mechanicsburg. Cumberland County, Pennsylvania. now titled in the name of HUSBAND. WIFE agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request WIFE funher acknowledges that she has no claim, right, interest or title whatsoever in said - 10 - , property and funher agrees never to assen any claim to said propeny in the future. WIFE agrces to execute a deed conveying her interest to HUSBAND, 16. OTHER ASSETS: HUSBAND and WIFE acknowledge that they each possess certain assets in their respective names or otherwise. They hereby agree that each shall become sole owner of their respective assets and they each hereby waive any interest in, or claim to, any assets held by the other. The assets that shall be and remain the sole and exclusive property of HUSBAND are as follows: (a) PNC Account Nos. 31312738619 and 51-40009173; (b) Commerce Bank Account Nos. 514009173 and 51-207-170-5; (c) Charles Schwab, Account Nos. 2062-4230 and 2062-4253; (d) Minnesota Mutual Life Insurance Policy No. 942-602. The assets that shall be and remain the sole and exclusive propeny of WIFE are as follows: (a) Merrill Lynch Investment Retirement Account. 17. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit sharing. savings and thrift plans. annuities and/or retirement benefits through his present or past employers shall remain his sole and exclusive property which includes, but is not - II - / limited to, his interest in The Hubert V. Campbell Profit Sharing PIS Trust. WIFE agrees to waive any interests she may have in such propeny and further agrees that she will not assert any such claim in the future. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employer shall remain her sole and exclusive property, HUSBAND agrees to waive any interests he may have in such property and further agrees that he will not assen any such claim in the future. 18. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, the panies agree that the vehicles currently titled in their respective names shall be and remain the sole and separate property of the party so named. 19. BUSINESS INTERESTS: WIFE acknowledges that HUSBAND has a forty (40%) percent ownership interest in an entity currently known as Hubert V. Campbell Sons Inc. and a twenty-eight (28%) percent ownership interest in an entity known as 3216 Associates. WIFE acknowledges that she has no ownership interest in Hubert V. Campbell Sons Inc. nor in 3216 Associates because these assets were acquired after the date of the panies' separation. WIFE hereby specifically waives, relinquishes and releases for all time any and all past. present or future right, title, claim or interest in and to said entities and all assets associated therewith - 12 - It is further acknowledged that Huben V. Campbell Sons Inc. was at onc timc known by other names including but not limited to Campbell Brown and Hubcrt V. Campbell, 20. TESTAMENTARY PROVISION FOR WIFE. If HUSBAND should die within two (2) years of the execution date of this Agreement WIFE shall receivc $35,000.00 from HUSBAND's Eslate. If HUSBAND should dic morc than two (2) years after the datc of execution of this Agrecment WIFE shall receive $15,000 from HUSBAND's Estate. 21. MISCELLANEOUS PROPERTY All propeny not specifically addressed herein shall be hereaftcr owned by the pany to whom the propeny is titled, and if untitled, the party in possession thereof. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and aU rights in such property from each to the other. 22. AFTER-ACOUlRED PROPERTY: Each of the panies shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with fuU power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 23. ALIMONY: HUSBAND shall. from date of execution of this Agreement and for a period oft\\'o (2) years thereafter, pay to WIFE the sum of ONE THOUSAND ($\,00000) DOLLARS per month for her separate support and maintenance Commencing two . 13. (2) years from thc date of this Agreemcnt, HUSBAND shall pay to WIFE the sum of SIX HUNDRED ($600.00) DOLLARS per month for hcr separate support and maintenancc, This payment shall cease upon WIFE's death, remarriage or cohabitation. This payment is intended to bc included in WIFE's incomc and dcducted from HUSBAND's gross income pursuant to federal tax laws. WIFE agrees that all of the said payments shall be included as income of the WIFE in her applicablc tax return and she shall pay such taxes as may be required by reason of such inclusion. The panies further agree that thcy specifically intend this amount to be non-modifiable by either party. 24. COlTNSEL FEES: Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 25. INCOME TAX PRIOR RETURNS. The panies have heretofore filed joint Federal and state ta.x 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 and any interest, penalty and expense incurred in connection 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 . 14 - 26. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The panies hereby agree and express thcir intent that any transfer of property pursuant to lhis Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, thc provisions of said Act penaining to the transfers of propeny between spouses and former spouses, The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set fonh in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 27. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with rcgard to suppon and maintenance, past, present and future. WIFE acknowledges that HUSBAND has provided yearly income to her from the date ofseparaton to the present. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past. present or future, for alimony or for any provision for support or maintenance, except as specifically provided for in Paragraph 22 herein. The panies funher acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for in Paragraph 22 herein - 15. 28. EFFECT OF DIVORCE DECREE: The parties agrce that, cxcept as otherwise specifically provided herein, this Agreement shall continue in full force and effccl after such time as a final Decree in Divorce may be entered with respect to the parties, 29. BREACH: If either party breaches any provision 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 pany breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 30. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her propeny in any way, and each pany hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and 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 the 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 - 16. 31. ENTIRE AGREEMENTS: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set fonh herein, 32. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the panies hereto and their respective heirs, executors, administrators, successors and assigns. 33. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all funher instruments that may be reasonably required to give full force and effect to the provisions of this Agreement 34. VOID CLAUSES: 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. 35. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and bctween the parties hereto that each paragraph hereof shall be deemed to be a separate and indcpendent Agreemenl - 17 - 36. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only ifmade in writing and executed with the /1, . f." -;'~ / : / I PI /0.1 /// .I/)...~ /'. '1" / /, WITNESS " ~~ {LJ-~\L~ --wtTNESS - v same formality as this Agreement The failure of either pany to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature, 37. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties, 38. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. COMMONWEALTH OF PENNSYLVANIA COUNTY OF I ~.((L(0-J~(.;\ ) ) SS: ) On this, the~)Clt ofacti;~':'1995, before me, a Notary Public, the undersigned ;;;, '~ . officer, personally appear~d' J,>/}.t, ./'r;;>PJJ}\Own to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. /. f/;. :)..:." . ' i. L ~ '. :/ if". 'L.< ., , . Notary Pu~hc I " - . ..;J.(--</r{ L N<~1riaiSaal f.k:-c-~~' L. ~,..~_ ':~:ary PtbIC ~ .)" ':"r~ D...;$":I1(O'...., ~~~ -: ~,' 'Ir_~...."(')f' '::':-,,):'3,~ J1'OJ iI.,' gr.J') ~,".' .:.;I.,.....~..~!o.iar..a~ct~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF !I{uj2l( i. I~ ) ) SS: ) .) 11 ( )1, '/lJll.. On this, the.L. day of' U~"" ,1995, before me, a Notary Public, the undersigned officer, personally appeared/..It -.." (-"I)' ;,' known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Propeny Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1" . /) , /,"t{(,l(;[; ,( {iT ,'Vl'l(C NotaryA>ublic L. ~'....'",So!aI M;""C:-1t:l'l"6-~~.'rA."'2l'Y?~ 1-.' "<.:I~ C,1'~1:rrCC'~~ ,'.,- -w"..v~lf,~sJ"""J2,. ,grJ; . . ~~. __ _ 1~1--:;Tr:ot.:v'eS tl: .:..,;t.~..,It_"tI"~,.,,,. .... fr. co . - \- .' - , "'" , -~~ ~:.1 ,,, B:~ . C- ~ ~r ~ -, r.-::J U-\' '-I ft~ C:' j F~ c. '-~. U- , .., ":J Q (. . U >- en IT; ,:-. - IJJ~~' c-j C.L C:~ 11- -" ~ q,' (....)1 0 L..: (,; li.' ( L_ "'- ,. '.r::' l.: , , , U " f". . . WILLIAM CAMPBELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 90S - ,Sdifc C,;"I'l "-Ti1L''''1 CIVIL ACTION - LAW IN DIVORCE v. ELIZABETH CAMPBELL, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set fonh 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 Coun. A judgment may atso be entered against you for any other claim or relief requested in these papcrs by the Plaintiff. You may lose money or propcrty or other rights important to you. When the ground for divoree is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the oflice of the Prothonotary at the Cumberland County Counhouse, Carlisle, Pennsylvania 17013. 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. Coun Administrator Cumberland County Counhouse One Counhouse Square Carlisle, PA 171l13-33K7 (717) 240-6200 . .. Attorneys for Plaintiff 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. The Plaintiff avers that there are no children of the parties under the age of 18 years. 10. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken and the parties have been separated for two (2) years. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. R?e~IIY submitted, ~ J UvHr--- Emily L. HoJm:an, Esquire Sup. Ct. I.D. #66307 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Date: [\ l~d'1r ~ "1- ~ ~ ~ ~ - ,'"\ ~ l.tl &on ;.~ ~ J ~ en .'- .- - -, . .- ,- ~ '.. t:.;.... ':;\ L"I (} ':l:\ :7 M ~ .::J.,y ~ (J- : .., C"o.l 0- ... c.n ~'i ~. ...'" "'. . . WILLIAM CAMPBELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5096 Civil Term ELIZABETH CAMPBELL, Defendant CML ACTION. LAW IN DIVORCE AFFIDAVIT OF SERVICE I, EMILY L. HOFFMAN. ESQUIRE. do hereby certiry that a true and correct copy or the Complaint In Divorce was served upon the Derendant by certified mall, rctum receipt requested, receipt number Z 187529788, on the 15th day or Scptembcr. 1995. The original signed rctum receipt Is anached hereto and made a part hereor. Respectfully submitted, W.P.~ Emily L. Hoftinan, Esquire Sup. Ct. 1.0. #66307 METrE. EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: September 27, 1995 a.. .... ..-. -':;...:.-- ~ Z 1I!J7 S<?9 786 ~ Receipt for Certified Mail No lnluflon Coverage Provided ==: 00 not ule for Inlernational Mail ISee Reverael E MIS ELlZABBTB CAMPBELL ~ '1'2' ;IELnc ~ "'0 S1dh~ ii'''' lt~' (,,.,. B I "'..... ! Ie $ (...,"...nf_ 1.10 ':./,.0(" !)oo:'''~'V ,.... Rpst'><IP(! D..".."". r... 2.60 1.10 Rpl...,.. 11",p'(>1 S.."....,..Q In Will'" tt. 0.1.. C.....,......." Rp,u'" fl"'1"'(I1 S"".......qto W..".. 1J1t1. .nc1 AlI"'..~...... .. 'Htorr~, TOTAL PO~I~9" & ~...... $ POSlIna'k Of Oall' 9/25/95 - 3401 R. FRORT ST CERT. COPY DIVORCE C(K'L. -_._,_.~_.,:..~ ~.f:' ;..'~ - ~. '.,-, ~I. ~'~:5~~~:::.,;:.- ~~.!..:~~(j: ; "f_~IIooilpt"'" 11 -...........-.......- 2. 1I....1l1.lW 0IllvIIy."... J: 1,1\' 1Ii...................-..-.......--.....- CCIftMIIt few.... : Il~~~ !~=g~__ t ~ J I J .D~l"l eu.a. CWO ,.. .1M f ( LI"> en .0- J .' :c '. Cl- ao 0 M - ~ - ... = " ) i .', , v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5096 Civil Term WILLIAM CAMPBELL, Plaintiff ELIZABETH CAMPBELL, Defendant CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 25, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 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. ~4904 relating to unsworn falsification to authorities Date: ~~tI'~t 1m: - 7 / . <fd~V~7~ William Campbell !I6.'I671 ~- ,>.J I - LJ) t'; 1'11-: "., C': r;:' ,~ 1.0.- LJ C . l., , L>' C- ': ~ 1 , i l._ lJ. '0 U (. . 1..J . . - ,. , \~ - I w!- ....j \...' > ~;: ; t~ . -.' - C .) L_" < L . I '. . ,. '..! . . . I . , , II- . - . . . , . . WILLIAM CAMPBELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5096 Civil Term ELIZABETH CAMPBELL, Defendant CIVIL ACTION - LAW IN DIVORCE I F I mfiRY OF A DIVORCE DECREE mmER. la30lCc) 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities /~ 1!7G, Date: !"~Wit ~- c, ~:.~ -- I l,JJ~ ....J \.) . --( I::: l? c :-:'l , II;' (". i. , , I , , " '"" .. .'.. .' . . . . - ...