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DECREE IN
D I V 0 R C E J 3 ~SC{. PIA.
. . .hC?.. '. 19. ,9.'.. It Is ordered and
AND NOW,
decreed that.. , .. .~~~~.~~f;l. . . ?P.R,I:H'9N . ... .. , . . . . . . . ... . . " plaintiff,
and.. ..... .. .. . ... \lfl9L 1l....IlVfl.L,l;!?9l'l.. .. . .. .... .. .. .. .... ", defendant.
are divorced from the bonds of matrimony.
The court retains iurlsdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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DEBOR~~ K.;BURLISON,
Plaintiff
111 'Im: coolrr 01' COI II 1011. l'I,r.M; UF
CU/IIIEIU,^IIU CUUIIIY,' l'EIIIIS'iLVA/H^
110, 95~5217 CIVil. TERM
VB.
JACK R. BURLISON,
Defendant
/'llAECU'F, '10 '1I1AIISIIlC IIECUllU
1'0 the ProthonotnrYl
Trnnsmit the rocord, togl!thl!r ,dth tho ColluIlln8 InCormAtion, t'? the court
Cor entry of 11 dIvorce decreel
1. Grollnd Cor dIvorce I irretrlevnble breakdol.On under Section (3J01(c)
. ~~) oC the Ulvorce Code.
(StrIke out lnnppllcAble sectIon.)
2, Unte 111111 Illnnner of servIce of the coml,l1lIntl October J, 1995 by
Certified Mail. R'eatricted Delivery, Return Receipt Requested.
J. (Complete eithor 1'"r"8rnph (11) or (b) .)
(11) U" te of exccutIon oC the ACC lll3vlt DC consont rO'I"lrc,/ by Section
of the IHvorce Coder by thl! pllllntlff
by deCend1lnt December 26. 1995
December 26. 1995
(b) (I) Unte of oxecutIun of tho I'l1l1ntlff's nCCldnvit rellulrell by
Sect10uJJ01(dlof the Ulvorce Cud,,:
(2) dnte of servIce DC tho I'lnlntlCf's n(fldnvlt UI'"U the duiulldnutl
Ii. n"lntc,1 cl111ms I'clldluGl
See attached Propertv Settlement Aoreement
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1L~________"_
Attorlley for (PLAint f
(kld"'H )
Andrew C. Sheely, Esquire
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MARITAL AGREEMENT
THIS AGREEMENT, made thie ;)'A day of December,
1995, by and between Deborah K. Burlison, party of the first
part, hereinafter referred to as "Wife", and Jack R. Burlison,
party of the second part, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are husband and wife,
having been married on May 26, 1973 and separated on September
21, 1995; and
WHEREAS, there has been children of the parties mar-
riage, name Brooke Burlison, D.O.B. 4/5/78, and Eric Burlison,
D.O.B. 5/13/82; and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated or now
live separate and apart from one another, or contemplate living
separate and apart from one another, and the parties hereto are
desirous of settling fully and finally their respective financial
and property rights and obligations as between each other
including, without limitation by specification: the settling of
all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all
matters between them relating to the past, present and future
support and/or maintenance of the children; the implementation of
custody/visitation arrangements for the minor children of the
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parties I the settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of
Wife by Husband or of Husband by wifel and in general, the
settling of any and all claims and possible claims by one against
the other or against their respective estates.
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
marital status, particularly with respect to the relevant sec-
tions of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No.
26, as amended, 23 P.S. 3101 et sea., and being fully aware of
their right to consult with or having consulted with their
respective legal counselor advisors, with specifically Husband
being advised of his right to obtain counsel, acknowledging the
opportunity and ability to request a full and complete disclosure
of income and assets from the other, and reviewing this Agree-
ment, have come to an agreement as to each and all of their said
matters of property and relations I and
WHEREAS, Wife has filed a No-fault Complaint in Divor-
ce, said Complaint being docketed in the Cumberland County
Prothonotary's Office at No. 95 - 5217.
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
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their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and Wife acknowledge that they have been given
the opportunity to obtain the advice of counsel regarding the
provisions of this Agreement and their legal effect in advance of
the date set forth above to permit such independent review. Each
party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her
selection, and that each fully understands the facts and has been
fully informed as to his her or her legal rights and obligations,
and each party acknowledges and accepts that this Agreement is,
and the circumstances, fair and equitable, after having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the result of any im-
proper or illegal agreement or agreements, In addition, each
party hereto acknowledges that he or she has had the opportunity
to be fully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court has
the right and duty to determine all marital rights of the parties
including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or pos-
sessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and having the opportunity
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to be fully advised if his or her rights thereunder, each party
hereto still desires to execute this Agreement, acknowledging
that the terms and conditions set forth therein are fair, just
and equitable to each of the parties, and waives his and her
respective right to have the Court of Common Pleas of Cumberland
county, or any other court of competent jurisdiction, make any
determination or order effecting the respective parties rights to
a divorce, alimony, alimony pendente lite, equitable distribution
of all marital property, counsel fees and costs of litigation.
2. SEPARATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may from time to time choose.
3. INTERFERENCE
Each party shall be free from interference, authority
and control, direct or indirect, by the other as fully as if he
or she were single and unmarried. Neither shall molest the other
or their respective families, or compel or endeavor to compel the
other to cohabitate or dwell with him or her, or to in any way
harass or malign the other or their respective families.
4. WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband relin-
quishes his inchoate intestate right and his right to act as a
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personal representative in the estate of Wife, and Wife relin-
quishes her inchoate into state right and her right to act as a
personal representative in the estate of Husband. Each of the
parties hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
release, quit-claim and forever discharge the other party hereto,
his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature,
for or because of any matter or thing omitted or suffered to be
done by said other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect
any cause of action in absolute divorce which either party may
have against each other.
5. MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
assets and property, including the following:
(A) 511 East Coover street, Mechanicsburg, Pennsyl-
vania (marital residence), an estimate value of $104,000.00; and
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(B) PNC Bank Savings Account No. 5030008292 in the
amount of $531.00; and
(e) Harrisburg BELCO Federal credit Union Account No.
624560 in the amount of $982.24; and
(D) PNC Bank Account No. 50 7002 0579; and
(E) 501.9802 shares of Time Warner Stock with an
estimated value of $18,250.00; and
(F) State Farm Life Insurance Policy 007040058335602
with an estimated cash surrender value of $4,292.00; and
(G) Metropolitan Life Insurance Policy with an es-
timated cash surrender value of $711.41; and
(H) CIGNA Life Insurance policy; and
(I) 1989 Nissan Maxima; and
(J) 1991 Nissan Sentra; and
(K) Sidle Memorial Hospital Retirement Plan with an
estimated value of $1836.09 (not present value); and
(L) Book of the Month Retirement Plan with an estimated
value of $22,000.00 (not present value); and
(M) Miscellaneous Personal property; and
(N) Miscellaneous marital and non-marital gifts.
(0) Miscellaneous marital debts and liabilities,
including a Harris savings mortgage with an estimated payoff of
$8,257.66, and n PNC BANK, N.A. home equity line of credit with
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an estimated payoff of $5,157.46.
Husband and Wife acknowledge that they are aware of
their respective rights pursuant to the Divorce Code of 1980, as
amended, to obtain formal valuations or appraisals ot the marital
residence, and other items of marital property. The parties
hereby waive any necessity for completing or attaching any
financial disclosure(s). Each party further acknowledges the
opportunity to attach a full and complete financial disclosure
and that such disclosure is not desired to effectuate a fair and
equitable resolution of their marital rights, duties and obliga-
tions as provided in the Divorce Code of 1980, as amended.
6. PERSONAL PROPERTY
The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her posses-
sion, whether said property is heretofore owned jointly or
individually by the parties hereto, and this Agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual posses-
sions of each of the parties hereto.
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The parties hereto have divided between themselves, to
their mutual satisfaction, all items of tangible and intangible
marital property. Neither party shall make any claim to any such
items of marital property, or of the separate personal property
of either party, which are now in the possession and/or under the
control of the other.
From and after the date of the signing of this Agree-
ment both parties shall have complete freedom of disposition as
to their separate property which is in their possession or
control pursuant to this Agreement and may mortgage, sell, grant,
conveyor otherwise encumber or dispose of such property, whether
real or personal, whether such property was acquired before,
during or after marriage, and neither Husband nor Wife need join
in, consent to, or acknowledge any deed, mortgage, or other
instrument of the other pertaining to disposition of property.
7. REAL ESTATE
Husband agrees to transfer his right, title and in-
terest in and to the parcel of jointly-owned real estate with
improvements thereon situate at 511 East Coover street, Mechanic-
sburg, Cumberland County, Pennsylvania, as more specifically
described in Deed Book "V", Volume 26, Page 925, as recorded in
the Cumberland County Recorder of Deeds Office, to Wife and to
sign all documents necessary to effect said transfer of the title
8
to the real estate to her name individually. The documents
necessary to transfer title from Husband and Wife to Wive to the
jointly-owned real estate will be signed simultaneously hsrewith.
Wife agrees to assume and save Husband harmless from
any obligation which he may be liable in association with the
real property located at 511 East Coover street, Mechanicsburg,
Cumberland County, Pennsylvania. Wife agrees that upon delivery
of the deed to the jointly-owned real estate, she will indemnify
Husband on account of any obligation he may have to her on
account of any obligation concerning the ownership of the real
estate including, but not being limited to, municipal liens, real
estate taxes, sewer and water assessments, fire and casualty
insurance, and utilities. In addition, Wife agrees to refinance
using the marital residence as collateral in order to payoff the
current mortgages on the marital residence, namely the Harris
savings Mortgage in the amount of $8,257.66 and the PNC BANK,
N.A. line of credit in the amount $5,157.46, thereby removing
Husband's name from such obligations.
Husband and Wife agree that they shall each assume
liability for his or her respective share of any capital gains
taxes which may be assessed hereafter as the result of a sale of
the above described real estate, and it is further agreed between
the parties that they shall satisfy their respective liabilities,
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at their respective options, by qualifying for an exemption or by
paying any taxes due.
8. LUMP SUM PAYMENT
In consideration of Husband's waiver of all rights
arising from the marital relationship and the terms and condi-
tions set forth in this Agreement, Wife shall pay Husband an
amount of $8,400.00 on the date of execution of this Agreement,
or within forty-five days thereafter in the event Wife desires to
refinance the current mortgage and line of credit which encumber
the marital residence.
9. MOTOR VEHICLES
The parties hereto agree that Husband shall be entitled
to have the sole and exclusive control, benefit, use and title of
the 1991 Nissan Sentra or the proceeds thereof, and that Wife
shall be entitled to have the sole and exclusive control, bene-
fit, use and title of the 1989 Nissan Maxima or the proceeds
thereof. The parties further agree to transfer title of the
motor vehicles in accordance with this paragraph within thirty
(30) days from the date of this Marital Agreement.
10. MISCELLANEOUS
(A) The parties hereto acknowledge and agree that any
and all savings and checking accounts, as well as certificates of
deposit and other investment accounts, owned by them jointly or
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singly, have been divided to their mutual and individual sati-
sfaction. Specifically, Wife shall maintain full and exclusive
possession of the Harrisburg BELCO Federal Credit Union Account
No. 624560 in the amount of $982.24; and Husband shall maintain
full and exclusive possession PNC Bank Savings Account No.
5030008292 in the amount of $531.00 and PNC Bank Account No. 50
7002 0579;
(B) Neither party hereto shall make a claim upon the
other for accumulated pension, profit-sharing, retirement sup-
port, retirement benefits, insurance policies, IRA's, or any
retirement-related benefits. specifically, Wife shall be en-
titled to the sole and exclusive possession of her pension with
Sidle Memoria Hospital and Husband shall be entitled to sole and
exclusive possession of his Book of the Month Club pension.
(C) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly or singly
have been divided to their mutual and individual satisfaction.
Each party hereto acknowledges that they have in their sole
possession those policy or policies of life insurance which they
intend to keep and retain as their sole and exclusive property
and, further, each party shall have the right to designate the
beneficiaries of said pOlicies. Specifically, Husband shall
maintain the State Farm Life Insurance Policy 007040058335602
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with an estimated cash surrender value of $4,292.00, and
Wife shall maintain the Metropolitan Life Insurance Policy with
an estimated cash surrender value of $711.41/
(D) The division of existing marital property is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets
and the division is being affected without the introduction of
outside funds or other property not constituting a part of the
marital estate. As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto agree to save and hold eAch other harmless
from all income taxes assessed against the other resulting from
the division of the property as herein provided.
(E) Each party represents and warrants to the other
that he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which
the other party is or may be liable. A 11ability not disclosed
in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and such party agrees
to pay it as the same shall become due, and to indemnify and hold
the other party and his or her property harmless from any and all
such debts, obligations and liabilities.
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11. DEBTS OF HUSBAND AND WIFE
The parties hereto agree that any and all obligations
incurred subsequent to the date of separation, said date being
September 21, 1995, shall be the sole and individual respon-
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sibility of the party incurring the obliga-cion. 0"''''_ "''''I~ (IlL) of .:tJlt.;., ('l'..M"
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Husband represents and warrants to Wife that from the As~c~r,
signing of this Agreement and in the future he will not contract ~~B
or incur any debt or liability for which Wife or her estate might p~
be responsible and shall indemnify and save harmless Wife from
any and all claims or demands made against her by reason of debts
or obligations incurred by him.
Wife represents and warrants to Husband that from the
signing of this Agreement and in the future she will not contract
or incur any debt or liability for which Husband or his estate
might be responsible and shall indemnif.y and save harmless
Husband from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
12. CUSTODY
Husband and Wife acknowledge that all issues involving
custody and temporary custody and visitation with respect to the
minor children have been resolved. Husband and Wife agree that
they parties shall share legal custody of the children and that
Wife shall maintain primary physical custody of the children,
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Husband and Wife further agree that Husband shall have un-
restricted visitation provided such visitation occurs at Hus-
band's residence or at any mutually agreed upon location.
Husband shall further be permitted see the family pets upon a
mutually agreed time. Nothing contained in this Agreement,
however, is intended to or shall prevent either party from filing
a petition or complaint for custody in any Court with appropriate
jurisdiction in the event custody of the children becomes an
issue.
13. SUPPORT FOR CHILDREN
The parties hereto acknowledge that Wife's current
monthly income is approximately $426.83 on a bi-weekly basis, or
$924.09 on a monthly basis ([$426.83 / 2] * 4.33 weeks per
month). The parties hereto acknowledge that Husband's current
monthly income is approximately $420.15 on a weekly basis, or
$1,819.25 on a monthly basis ($420.15 * 4.33). The parties com-
bined net monthly incomes total approximately $2,743.34.
Based upon a combined monthly income of $2,743.34, a propor-
tionate expenditure of 27.4% (.274) is applied to the parties
combined monthly income of $2,743.34 requiring a support obliga-
tion of both parties equal to $751.66. Husband's percentage of
the combined monthly income equals 66.31% and Wife's percentage
of the combined monthly income equals 33.69%.
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Husband's basic child support obligation, based upon the
parties current incomes, equals $498.43 per month, or $115.10 per
week. Husband agrees to pay support in the amount of $115.10 per
week in accordance with the standard guidelines as adhered to in
the Commonwealth of Pennsylvania. However, nothing set forth in
this Marital Agreement shall prejudice the right of either party
to file a child support action in any Court of appropriate
ju~isdiction notwithstanding the terms of this Agreement in the
event modification is necessary due to a change in circumstances
or incomes or other relevant factors.
14. ALIMONY, SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions
of this Agreement providing for equitable distribution of marital
property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final satisfaction of
any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. Husband
and Wife further, voluntarily and intelligently, waive and
relinquish any right to seek from the other any payment for
support, alimony and maintenance and, further, waive and relin-
quish any rights to division of property, other than provided in
this Agreement and, finally, waive any rights to alimony pendente
lite, counsel fees and court costs.
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Husband and Wife both agree that they have been
respectively advised and are aware of the contents of the
provisions of the Divorce Code, as amended, in Pennsylvania,
wherein considerations are set forth in determining an
appropriate amount, if any, to be paid in the form of alimony.
After being fully advised of the contents of the Divorce code, as
amended, both parties volunt.arily and intelligently waive and
relinquish any right to seek from the other payment for support,
alimony and maintenance.
15. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party
waives his or her right to alimony and further distribution of
property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in accordance with the Divorce Code, as amended. Subject to the
provisions of this Agreement, each party has released and dis-
charged and by this Agreement does for himself or herself, and
his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other of
and from all causes of action, claims, rights or demands what-
soever in law or equity, which either of the parties ever had or
now has against the other, except any or all cause or causes of
action for divorce or except in any or all causes of action for
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breach of any provisions of this Agreement. Each party also
waives their right to request marital counseling pursuant to
Section 3302 of the Divorce Code.
16. SUBSE~UENT DIVORCE
A decree in divorce entered by a court of competent
jurisdiction to either party shall not suspend, supersede or
affect the terms of this Agreement. Both parties agree, if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction, as a part of a resolution of any divorce action
filed or to be filed. This Agreement, and the terms and
conditions contained herein, as well as the enforcement of said
terms and conditions, shall be contingent upon the granting of a
Divorce Decree to either party by the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both parties hereto agree, if
requested, to execute the appropriate affidavits and consents to
secure a No-fault Divorce as may be required by the Divorce COde,
as amended, Both parties hereto agree that this Agreement may be
incorporated into a separate Court Order but shall not merge in
such order.
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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.
Husband and Wife acknowledge and agree that the provisions of
this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and
satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to Section 3502 of
the Divorce Code or any amendments thereto. Husband and Wife
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital
property, but nothing herein contained shall constitute a waiver
by either party of any rights to seek the relief of any court for
the pUrpose of enforcing the provisions of this Agreement.
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18. VOLUNTARY EXECUTION
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, that it is being entered into vOluntarily, with
full knowledge of the assets of both parties, and that it is not
the result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
19. ADDITIONAL INSTRUMENTS
Husband and Wife 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 terms of this Agreement.
20. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
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Agreement shall in no way be deemed or construed as a waiver of
any other term, condition, clause or provision of this Agreement.
21. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or
relief as may be available to him or her. Both parties agree and
are aware that non-compliance with any provision of this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set forth in 23 Pa. C.S.A. S3105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any way whatsoever, or
shall pay upon, or in consequence of, any default or breach by
the other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
attorneys' fees, costs and legal expenses and expenses must first
be successful in whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and
20
expenses. It is the specific agreement and intent of the parties
that a breaching or wrongdoing party shall bear the burden and
obligation of any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement.
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or
prevent further pursuit of such remedy.
22, DESCRIPTIVE HEADINGS
The descriptive headings used herein are for
convenience only. They shall not have any effect whatsoever in
determining the rights or obligations of the parties.
23. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
24. APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of pennsylvania. For purposes of contract inter-
21
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DEBORAH K. BURLISON,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95- tJln CIVIL TERM
IN DIVORCE
vs.
JACK R. BURLISON,
NOTICB TO DBPBND AND CLAIM RIGHTS
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 against
you and a decree in 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 with your children.
When the ground for the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A list
of marriage counselors is available 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,
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.
Court Administrator
Fourth Floor
Cumberland County Courthouse
CarliSle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371
By:
Andrew C. Sheely, Es
PA. I.D. No. 62469
1 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff
DEBORAH K. BURLISON,
Plaintiff
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JACK R. BURLISON,
Defendant
NO. 95-
IN DIVORCE
CIVIL TERM
COMPLAINT
1. Plaintiff is Deborah K. Burlison, who currently resides at 511
E. Coover Street, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Jack R. Burlison, who currently resides at 511 E.
Coover street, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 26, 1973, at Camp
Hill, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Plaintiff has been advised of the availability of marriage
counseling and understands that she may have the right to request that
the court require the parties hereto to participate in counseling.
7. Plaintiff avers as the grounds upon which this action is based
is that:
(A) That the Defendant has offered such indignities to the
Plaintiff, the injured and innocent spouse, as to render her condition
intolerable and life burdensome or, in the alternative;
(B) That the marriage between the parties hereto is
irretrievably broken and that the Plaintiff and Defendant have lived
separate and apart since September 21, 1995 or, in the alternative I
(C) That Plaintiff and Defendant are now living separate and
apart and, at the appropriate time, Plaintiff will submit an Affidavit
alleging that the parties have lived separate and apart for at least
two (2) years and that the marriage is irretrievably broken.
WHEREFORE, Plaintiff requests your Honorable Court to enter a
decree in divorce divorcing Plaintiff and Defendant absolutely.
COUNT I. EOUITABLE DISTRIBUTION
8. The allegations in Paragraphs 1 through and including 7 are
incorporated herein and made a part hereof.
9. Plaintiff and Defendant have legally and beneficially acquired
marital property, both real and personal, during their marriage from
May 26, 1973 to September 21, 1995.
10. Plaintiff and Defendant have been unable to agree as to the
equitable division of said marital property to the date of the filing
of this Complaint,
WHEREFORE, Plaintiff requests your Honorable Court to equitably
divide all marital property pursuant to section 3501 and 3502 of the
Divorce Code prior to the entry of a final divorce decree.
COUNT II. ALIMONY
11. The allegations in Paragraphs 1 through and including 10 are
incorporated herein and made a part hereof.
2
12. Plaintiff lacks suffioient assets, inoome and benefits to
provide for her reasonable ~eans and support following the entry of a
divorce deoree.
13. Plaintiff requires reasonable alimony to support herself
following the entry of a divoroe Decree.
WHEREFORE, Plaintiff requests your Honorable Court to enter an
award of alimony upon the entry of a divorce decree pursuant to Section
3701 of the Divorce Code.
COUNT III. ALIMONY PENDENTE LITE
14. The allegations in Paragraphs 1 through and including 13 are
incorporated herein and made a part hereof.
15. Plaintiff requires reasonable support to adequately maintain
herself prior to the entry of a final Divorce Decree.
16. Defendant's finanoial position is far more superior than
Plaintiff's financial position.
WHEREFORE, Plaintiff requests that this Honorable Court preserve
her right to seek an award of reasonable, temporary alimony and addi-
tional income as may become necessary from the time hereafter until a
final hearing and permanent alimony award thereafter.
COUNT IV. COURT COSTS AND COUNSEL FEES
17. The allegations in Paragraphs 1 through and including 16 are
incorporated herein and made a part hereof.
lB. Plaintiff has retained the services of Andrew C. Sheely,
Esquire to protect her interests in the above-captioned matter.
:;
19. Plaintiff does nut have sufficient means to pay for the
financial obligations associated with protecting her interests in the
above-captioned matter.
20. Plaintiff does not have sufficient means to pay for attor-
ney's fees, filing costs and expenses in the above-captioned matter.
WHEREFORE, Plaintiff prays your Honorable Court to enter an award
of alimony pendente lite, spousal support and reasonable counsel fees
and expenses pursuant to Section 3702 of the Divorce Code, until the
entry of a final divorce decree.
Respectfully submitted
Andrew C. Sheely,
Attorney for Plai
(SEAL)
Date: '/-27 -<(5"
4
I verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject to
penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsifica-
tion to authorities.
Date: 1/~7/c; S-
,
j)~60teJv -K &.Ld~ (BEAL)
Deborah K. Burlison
5
DEBORAH K. BURLISON,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
vs.
.
.
JACK R. BURLISON,
Defendant
.
.
NO. 95-
IN DIVORCE
CIVIL TERM
APPIDAVIT
DEBORAH K. BURLISON, 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 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 Domestic Relations 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 by the Court.
I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsi-
fication to authorities.
\
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Deborah K. Burlison
SWORN to and subscribed before
me this';>~day Of.....4?pl!h,'tt..L , 1995.
(~-n:t.;/ /." tl 0. Ad-?"'".
Notary P\O;lic
NOTARIAL SEAL
My Co.uniasion Expires CATHERINEJ. BARRA, NOTARY PUBLIC
sHIRElAANSTOWN BORD, CUMBERLAND CO. PA,
MY COMMISSION EXPIRES SEPT. 9,1999
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DEBORAH K. BURLISON,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-5217 CIVIL TERM
IN DIVORCE
JACK R. BURLISON,
Defendant
PRAECIPB
To the prothonotary, Lawrence E. Welker:
Dear Sir:
Please withdraw Count Nos, I, II, III and IV of the Complaint
filed on behalf of Deborah K. Burlison, Plaintiff in the above-
captioned action,
Date: /ol).J 5";0/ >'
#vhJ (J. D
Andrew c. Sheely,
Attorney for Plain
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-5217 CIVIL TERM
IN DIVORCE
DEBORAH K. BURLISON,
plaintiff
JACK R. BURLISON,
Defendant
APPIDAVIT OP SERVING COMPLAINT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
ANDREW C. SHEELY, being duly sworn according to law deposes and
says that he caused the Complaint in the above-captioned matter to be
served by Certified Mail, Restricted Delivery, Return Receipt
Requested, as indicated by the attached receipt cards.
SWORN to and subscribed before me
this <18'tIi day of oi1~L{'})l(lI' L, , 1995.
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Ky commission Ex ires:
NOTARiAl stAt
CATHEr.lNF J. DAHII'., i:'IIA~YPUBtIC
SHIREMANSTOWN BORO, CUMBERLAND CO. PA,
MY COMMISSION EXPIRES SEPT, 9,1999
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DEBORAH K. BURLISON,
Plaintiff
JACK R. BURLISON,
Defendant
NO. 95-5217 CIVIL TERM
IN DIVORCE
AJ'I'IDAVI'l' 01' CONSBH'l'
1. A Complaint in Divorce under section 3301(c) of the
Divorce Code was filed on September 29, 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 of Divorce.
4, 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 decree is granted.
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.A. section 4904 relating to
unsworn falsification to the authorities.
DATE:
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DEBORAH K. BUR ISON
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DEBORAH K. BURLISON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
JACK R. BURLISON,
Defendant
NO. 95-5217 CIVIL TERM
IN DIVORCE
A~~rDAVIT or CONSBNT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on September 29, 1995. I acknowledge receiving
a certified copy of the Divorce Complaint, said copy being served upon
me by Certified Mail, Restricted Delivery, on October 3, 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 of Divorce.
4. 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 decree is granted,
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.A. Section 4904 relating to
unsworn falsification to the authorities.
DATE:
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J K R. BURLISON
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