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HomeMy WebLinkAbout02-4465RITA C. ERDMAN, Plaintiff, VS. MICHAEL W. ERDMAN, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. oa - CIVIL ACTION - AT LAW IN DIVORCE NOTICE TO DEFEND 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 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 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 WI:rERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. RITA C. ERDMAN, Plaintiff, VS. MICHAEL W. ERDMAN, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ::N°' : CIVIL ACTION - AT LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The PlaintS, Rita C. Erdman, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: 1. The Plaintiff, Rita C. Erdman, is an adult individual whose current address is 39 Southmont, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Michael W. Erdman, is an adult individual whose current address is 608 Gates Lane, Enola, Pennsylvania 17025. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvarda for at least six momhs immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 5, 1997 in EliT~bethville, Pennsylvania. 5. 6. 7. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. The Plaintiff and has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WI-~REFORE, the Plalntiffrequests this Honorable Court to enter a Decree of Divorce in this matter. COUNT I - EQUITABLE DISTRIBUTION 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage, the parties acquired property and incurred debt of a marital nature. WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. Date: Respectfully submitted, atfick F Lauer, Jr, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 IDg46430 Tel. (717) 763-1800 RFFA C. ERDMAN, Plaintiff, VS. MICHAEL W. ERDMAN, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. : CIVIL ACTION- AT LAW : IN DIVORCE AFPll~AVIT elf NON-MTL1TARV RI~RVif~F~ 1. I am the Plalntiffin the above matter. 2. I personally know that the Defendant, Michael W. Erdman, is over the age of eighteen (18) years; and that the Defendant resides in Enola, Pennsylvania. 3. The Defendant is not in the milita~ or naval service of the United States or its allies or otherwise within the provisions of the Soldier's and Sailors Civil Relief Act of 1940 and its amendments. I, RITA C. ERDMAN, verify that the statements made in this at,davit are true and correct. I understand that fals~ statements are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~ita C. Erdman R1TA C. ERDMAN, Plaintiff, VS. MICHAEL W. ERDMAN, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : CIVIL ACTION - AT LAW : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. // : IN THE COUKT OF COMMON PLEAS : CLrMBERLAND COUNTY, PElqlqS~V~ : No. 02A465 Civil Term · CIVIL ACTION - LAW : IN DIVORCE TO THE PROTHONOTARY: Kindly rdnstate the Complaint in the above-caption~ matter. R~pectfi~y submitted, patrickF. Lauer, ., ' 2108 Market Street, Aztec Building Camp I-fill, Pennsylvania 1701147O6 KYd 46430 Td. (717) 763-1800 RITA C. ERDMAN, Plaintiff VS. MICHAEL W. ERDMAN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : No. 02-4-4~ : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY. OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning olimony, division of property, lawyer's fees, or expenses ifI do not claim them before a divorce is grante& 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. 4. I verify that the statements made in this offidavit 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 f~l.~ification to authorities. Date: ./~--] ~/-~g)-'~ Signature: ~~~~ (aC.Erdman RITA C. ERDMAN, Plaintiff VS. MICHAEL W. ERDMAN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA :No. 02-4466 qql~ : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE Date: 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 18, 2002. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. Signature: _~_ Michael W. Erdman RITA C. ERDMAN, Pla~ntkff VS. MICHAEL W. ERDMAN, Defendant · IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, 'PENNSYLVANIA 'No. : CML ACTION. LAW · IN DIVORCE DEFENDANT,S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI do not claim them before a divorce is grante& 3. I understand that I w/Il 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. 4. 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: Signature: ~ Michael W. Erdman RITA C. ERDMAN, Plaintiff VS. MICHAEL W. ERDMAN, Defendant : IN THE COURT OF COMMON PT,EAS : OF CUMBE~ COUNTY, : PENNSYLVANIA : : No. 02-4456 : : CIVIL ACTION - LAW : IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT AGREEMENT. made this of/...]_fDJl,~ 20o_~, by and between R1TA C. ERDMAN of Enola, Pennsylvania, hereinafter referred to as Wife; and MICHAEL W. ERDMAN of Enola, Cumberland County, Pennsylvania, hereinatter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on March 5, 1997, in EliTabethville, Pennsylvania; WHEREAS, Husband and Wife are bona fide resident of the Commonwealth of Pennsylvania and has been so for at least the past six momhs; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since August 1, 2001; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective fights and duties of the parties while they continue to live apart fi.om each other and to settle all finan~ and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, at, er both have had full and ample oppommity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Wife was represented by Patrick F. Lauer, Jr., Esquire, and Husband acted pro se, in that he did not utilized legal counsel, although he acknowledges the advisability and being given the oppommity to do so; and WHEREAS, there are two dependent children to the marriage, namely Tyler P~ Erdman, bom September 24, 1997; and Eric M. Erdman, bom November 28, 2000, and, NOW THF~REFORE, the parties, in consideration of the mutual promises set forth hereinat~er, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: ARTICLE I- SEPARATION 1.1 Separation. It shall be lawfi~ for Husband and Wife at all times hereafter 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, direct or indirect, by each other. Neither party shall molest the other or compel 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 party of the lawfulness of the causes leading to them living separate and apart. 2 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLE II- DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has fried a divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly fmali?e said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawfial and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this A~eement hereby consents and agrees that this Agreement and all its covenants shall not 3 be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or fia'ther modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remany, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 Incorporation of Agreement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intern of the parties to permit this Agreement to survive any such judgment or decree. ARTICI,E m- EQU1TABI.~ DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the oppommity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifcafions, at the time of the division of the property is to 4 become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of Rights of Equitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of' assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finaliTed divorce decree, except as may be otherwise set forth herein. :3.4 Personalty. The parties have agreed between themselves to a division of all household fiamishings and personal property, which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently tiffed in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 3.5 Retirement. Each party specifically waives any claim they may have against the retirement of the other. Each party acknowledges that the other spousal has a retirement plan or account to which the parties may have contributed martial property over the course of the marriage. Each of the parties acknowledges, without the necessity of an expert valuation, that retirement assets may prove comprise a substantial percentage of the entire martial estate. Nonetheless, each party desires to waive and specially releases any claim they may have as to the retirement assets currently in the possession of the other spouse. Each party further agrees to execute immediately upon demand any documents as may be required by the retirement plan administrator of the other spouse so as to confirm they have waived any claim fight or interest thereto. ARTICI,E IV - DEBTS OF THF~ PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of asce~g for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability, which may arise from any outstanding bills, obligations, and debts incurred at~er the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shah cause or permit to be charged to or against the other any purchase which either of them may hereat~er make and shall not herea~er create any engagemems, debts, or obligations in the name of or against each other. 4.2 Specific Outstanding Debts of Husband. Husband agrees to accept sole responsibility for, and to hold Wife free and hannless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Wife from any claim regarding same as follows: Chapter 13 bankruptcy installments or any debt claimed which was to have been discharged pursuant to that petition, docketed at 1-00-00026 in the U.S. Bankruptcy Court in the Middle District of Pennsylvania. The parties agree that Wife's waiver of a present claim for alimony is, at least in part, predicated upon Husband's promise to indemnify her fi.om such obligations and her otherwise inability to make such installments unaided. 4.4 Specific Outstanding Debts of Wife. Wife agrees to accept sole responsibility for, and to hold Husband flee and harmless fi.om any and all liability which may arise fi.om the following outstanding bills, obligatiom, and debts and further agrees to indemnify and defend Husband fi.om any claim regarding same as follows: N/A. ARTICLE V- ALIMONY AND SUPPORT 5.1 Alimony. Pursuant to this Agreement of the parties, Husband shall pay unto Wife alimony of zero dollars ($0.00) per month, which amount shall be modifiable upon substantiation of a change in economic circumstances of the parties, particularly with reference to the potential for continued or additional health problems of their children that might prevent Wife fi'om continuing in her field of employment. Payment of alimony shall commence if and when aforementioned circumstance may occur due to child's medical condition and becoming effective as soon as deemed necessary to the situation. 5.2 Health Insurance. Pursuant to this Agreemem of the parties, Husband agrees to provide health insurance for two subject children until they complete their post-secondary education. Husband agrees to 50% responsibility of medical expenses/costs outside of insurance coverage for two subject children and Wife agrees to be responsible for 50% of said children's medical expenses outside of medical insurance coverage. Such expenses would include, but not necessarily be limited to, tutoring, therapy, home care, or the like, if such treatment were appropriate for the best interests of the child. 5.:} Education. Husband agrees to provide 50% of the financial costs reasonable and customary to meet the pre-school and the post-secondary educational needs of the subject children, and Wife agrees to be responsible for 50% of those educational costs, in addition to any amounts they parties may akeady be required to provide under Domestic Relations law. 5.4 Life Insurance. Husband and Wife agree they shall each provide life insurance upon their own life for the benefit of each child until the children have completed their post-secondary education. The face amounts payable upon the death of a party shall be $100,000 or the amount insured as of the date of separation of the parties in July 2001, whichever is greater. ARTICLE VI- MISCELLANEOUS PROVISIONS 6.1 Attorneys Fees upon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein, the breaching party shall be responsible for all court Agreement. 6.2 Advice of Counsel. costs and attorney fees reasonably necessary to enforce the The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into fi'eely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attomey fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A~2d 285 (Pa. Super. 1992). 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and fi.om any and all fight, title, interest, or claims in or against the property (including income and gain fi.om property herea~er 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 as by way of dower, eurtesy, or claims in the nature of dower, eurtesy, 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 any 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 (e) any country. The parties father release any claim to all rights which either party may have or at any time hereat~er have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, 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 thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Divorce Code. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate or the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indetmfif-y or hold the other party harmless fi.om and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified fi.om all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them will hereafter incur any liability whatsoever for which the other may be liable. 6.6 Modification. No modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Ex~ution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation 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. 6.8 Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, which are in effect as of the execution date of this Agreement. 6.9 Binding. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 10 6.10 Entire Agreement. 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. 6.11 Severability. If any term, condition, clause, section, 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 shah be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.12 Equitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or W'ffe until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. Either party to this Agreement, with respect to matters within the jurisdiction of the court under Part IV of the Domestic Relations Code of the Commonwealth of Pennsylvania, 23 Pa. C.S.A.§§ 3101 to 3904, as mended, whether or not the A~eement has been merged or incorporated into a decree, may utilize any remedy or sanction set forth in said Part to enforce the agreement to the same extent as though the Agreement had been an order of the court except as otherwise provided to the contrary elsewhere in this Agreement. IN WITNESS Wlt-lr~REOF, the parties hereto have set their hands and seals the day and year written above. MICHAFJ. W. ERDMAN, HUSBAND 12 RITA C. ERDMAN Plaintiff VS. MICHAEL W. ERDMAN Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-4465 · CIVIL ACTION - LAW · IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under § 3301(c) § 3301(d)(I) of the Divorce Code· (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by ilrst class mail: Acceptance of Service document signed by Defendant on October 30, 2002, enclosed herein· 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff April 20:21303 ; by the Defendant April 22; 20133 (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: n/a ; Date of filing of the Plaintiffs affidavit upon the respondent: n/a ; Date of service of the Plaintiffs affidavit upon the respondent: n/a 4. Related claims pending: Plea.qe incorporate: without mer~ng; the attached Separation A~m'eement and Property Settlement of the nartie.q into the Divorce (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, n/a ; (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: April 30; 2003 ; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: April 30; 2003 a "[ 2108 ~tec Building /P~~r., Esq. Camp Hill, Pennsylvania 17011-4706 IN THE COURT Of COMMON OF CUMBERLAND COUNTY STATE OF ~ RI?A C. ERDI~h~ Plaintiff VERSUS MICHAEL W. ERDMAN Defendant PENNA. N o. 02-446~ PLEAS DECREE IN AND NOW, DECREED THAT DIVORCE RITA C. ERDMAN ~0~)~, IT IS ORDERED AND , PLAINTIff, AND MICHAEL W. ERDMAN , 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. The attached Separation and Property Settlement Agreement dated April 22,~' ed, ATTEST: without merger, herein. N J' O TA R~ WON 15:10 FA~ ?17 240 5573 CUMB CO PROTHONOTARY IN THE COORT OF COMMON PLEAS OF CUMBERLAND CiENTY, PSNNSYLVANrA "~:--.- CIVIL ACTION - LAW .RITA C. ERDMAN Plaintiff MICHAEL W. ERD~ Defendant File No. 02-4465 IN DI ~rORCE NOTICE TO RESUME PRIOR SURNAMI~ Notice is hereby given that the Plaintif£/R~t in the above matter, ~~n g£~nted a Final Decree in Divorce on the ~J~ day of i · _2nn'~. hereby elects to resume the Drior surname of ~ RITA CATHERINE RV~ , and gives this.written notice pursuant to the Dr slons o£ 54 P.B. S 704. COMMONWEALTH OF PENNSYLVANIA= : SS. COUNTY OF CUHBERr. AND : Notary Public, personally appeaked-~he above known to me to be the person whose name is subscribed to the within document ~nd acknowledged that he/she executed the foregoing Tot the purpose therein contained, In ~itness Nherecf, ~ have hereunto set my hand and official Notarial Seal Shelby A. Minlch, Notary Public Camp Hill Bo~. Cumhe.dand.~Cou~n~ My Commission P. xpi~s AU~. Z~, ~ IVlember, Pennsylvania Ase~tatlon (~ Notaries