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HomeMy WebLinkAbout96-00559 " ~ I I cJ1 c .- ~ I I . 0/1 '7 I (1/ I I 'C I - I ~ I I \ ~ po ~ " 0 0- If) lr) ...3 0- ~ Dy The ~r'irt:~ ' 1:1. 1* w /J/C, I~ Alle.l: ",ya..N';;: '~~/. ,U"..z:;;r J, !~ ~,,: t"~ ,K" X - ~. r J.e&: ~ ; ': ~ ';;.L?1: Xj-;/ Prothonotnry ; ~ :1. (~ ~----~~,-_._~----_.~._~-~.,',.,., "---~-~-'----'--,---- -- -. ~ ---~_._-~'" ,,_.. -, ~; ~~-~*~~'***_*~*~_'_**___**'~*~ID'_~' ~ ~ ~ 8 ~ 8 e 8 8 e ,., .,. ~ ... w .,. ~ ~ $ .:, " ~ ',' ~ ~ ~ .,. ~ ',' .' ~ .:, " ~ .:, " , . . . , ~~~~~~~~~~~__ID~___~_)_~,-~,_.~_~~~'. ~---- ---,,-,-,--- 8 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF * PENNA, ~ ',' ANNEM~RI~ E. KING, Plaintiff 'I I w ',' N ().9~:::~,~,9."",c::i ~+,~..,!.~,~m Vtll';;IIH JEFFREY A. KING Defendant " ~ ,', ~ ..:' ~ DECREE IN DIVORCE ,', ~ ~ " ~ ',' AND NOW".. J '" \'l"~"'''''''''''' 19 ,'l,b.., it is ordered and decreed that ,..~~1':l~f'I,l\~~~. ,r;, ,!<,I,~G, , , . , , , , , , , , , " " , ,', , , , , '" plaintiff, and ,~,~~~~~,y. ,~~, ,~~~~., """ ,,",' ,," " ,'.', '" " """'" 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; ...,.. ,... .....", ...",.., ,........ ,.. ... ............ ...................., r;: r.' ,~ ~ $ 8 .', ~ 8 ~ 8 S $ 8 ~ ". w ~. $ ,., ~ ~ ',' " ,', ~ $ .,< ~ 8 .:, ~ ~ ',' ,', ~ ~ ',' ~ ',' ~ ,', * ~ ',' !~ I" 1~ (~ . . , ?~?&- tAl, 1'0/11 "}"J4/ i 4 jPJ~' 7,( .~t 7l~ IIY.JJ/ ~ ayt, . , ANNEMARIE E. XING IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 96-559 CIVIL TERM . . . . JEFFREY A. XING Defendant civil Action- Law PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) 1'- 33111 (0) (1) of the Divorce Code. (Strike out inapplicable section). 2. ,IJ Da,t.e. apd 11 manner. of Se.rvice of Complaint: fiMdl1fjj .)t1VlU D~ fNVI1,,"~(I.~1 ~ I<.h~ tJ7V It:b;l, /Cf1(;J 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required ~bY Section 3301 (c) of the Divorce Code: by ~;;e~~;~:;: ~-t~iilt~t;___--------:---_: by the . B. (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code:---.Sl,1.v\o\(. 'l, 1991. : ----0 (2) Date of Service of the Plaintiff's affidavit upon the Defendant: . 4. ljelated Claimp pending: noru'.) hrJW?(w 4lI~ ir/q.r;h.J JeHle'"t I(.f- ~r./t.lt /?Jt, J atLt-cd 5. Jthdicate date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, and attach a copy of said tice under ect on 3301 (d) (1) (i) of the Divorce C~~. . , ~ . , --'-":" , ~ ..:r '.. co: (; ~~ c;, :-~ ::i - .j'!.:" p,:(': .'. 0- -*,:;-..; ~r= '. -.;: Co (.. '0 ' '(r) IL.." N :!;-1:: 1,:;(:'-- if:~! ! ..... .1!LtJ f'" :'::1 :no. -., ~- 1.1. -" "''> :~~ (.) C~ 0 " . , ANNEMARIB B. KING Plaintiff IN THB COUR'l' OF COJOION PLBAS CUMBBRLAND COUNTY, PBNII8YLVANIA NO. /}',II or- rjl.. ~'~''1 C,(<>u , L''- v. JBPFRBY A. KING Defendant CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A jUdgement 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 of the divorce is indignities or the irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available at the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 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. Legal Services of CUmberland County 8 Irvine Row carlisle, PA 17013 Phone: (717) 243-9400 BY'-' (Il({~d 11,) (: /1 [,.,1::... Marga!:' t M. Ye wski, Esquire Attorney I. D. #55815 220 East Lauer Lane camp Hill, PA 17011 Attorney for Plaintiff . '" ;~ 10 AMlfEIIARIB B. KING IN THB COURT OF COMIION PLBAS Plaintiff ctlMBBRLAHD COUNTY, PBHHSYLVAHIA NO. v. JBFFRBY A. KING Defendant CIVIL ACTION - LAW COlJMT I - DIVORCE Plaintiff, by har attorney Margaret M. Yankowski, Esquire respectfully represents: 1. Plaintiff is Annemarie E. King, who currently resides at 802 Sherwood Road, New CUmberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Jeffrey A. King, who currently resides at Richland Lane, Door 3B, Apartment 206, camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania, for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the 10th day of October, 1987, at Corning, steuben County, New York. (a) (b) 23 Pa. C.S.A. 23 Pa. C.S.A. 3301(c) 3301(d) (Mutual Consent) (Irretrievable Breakdown) 5. Plaintiff is proceeding under the following sections of the Divorce Code: 6. There have been no prior actions of divorce or annulment between the parties. 7. The parties did not enter into a written prenuptial Agreement. 8. Defendant is obligated to pay weekly child support in the amount of $120.00 pursuant to support order docketed to file No. DR.23951, Domestic Relations Office, P.O. Box 320, carlisle, PA 17013. The parties have not entered into any other written agreement as to visitation of children, alimony, or property division. 9. The Plaintiff and Defendant have lived separate and apart since June 13, 1994. 10. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 11. The Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. WHBRBFORB, Plaintiff requests that your Honorable Court to enter a decree in divorce, divorcing Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as though set forth in full. l3. Plaintiff and Defendant have acquired property, both real and personal during their marriage from October 10, 1987, until the present. 14. Plaintiff and Defendant have not been unable to agree as to an equitable distribution of said property. WHBRBFORB, Plaintiff requests the Honorable Court to equitably divide all marital property and to enjoin Plaintiff and Defendant from the removal, disposition, alienation, or encumbering of all real and personal property of the parties. COUNT III - CUSTODY 15. Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff and Defendant are the parents of the following children born of the marriage: .HAD Date of Birth Ashlee Anna King 2/14/90 ASlil 6 Residence Same as Plaintiff Alexander Michael King 5/17/93 2.5 Same as Plaintiff 17. The children Ashlee Anna King and Alexander Michael King reside at 802 Sherwood Road, New CUmberland, Cumberland County, Pennsylvania, 17011 and have resided in Cumberland County since birth. 18. Plaintiff believes that the best interest and welfare of the children will be served by ordering sole physical custody of Ashlee Anna King and Alexander Michael King to Plaintiff. 19. Plaintiff believes that the best interest and welfare of the children will be served by ordering sole legal custody of Ashlee Anne King and Alexander Michael King to Plaintiff. WHEREFORE, Plaintiff requests the Court to order that plaintiff have both sole legal and physical custody of the children, Ashlee Anna King and Alexander Michael King. Respectfully submitted, BY"1) 'Jlil.' Marga at Attor ey 220 East Lauer Lane Camp Hill, PA 17011 Attorney for Plaintiff I' i ANNBMARIB B. KING Plaintiff IN THB COURT OF COIlMON PLEAS CUMBBRLAND COUNTY, PENNSYLVANIA NO. v. JBPFREY A. KING Defendant CIVIL ACTION - LAW NOTICB OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with 202(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, Cumberland County Courthouse, One Courthouse square, Carlisle, PA 17013. This list will be made available to you upon request. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. . If you desire to pursue counseling, you must make your request for counseling within 20 days of the date on which you receive this notice. This request must be made upon proper motion filed with the Court. Failure to do so will constitute a waiver of your right to request counseling. prothonotary ANJIBllARIB B. KING, Plaintiff IN THB COURT OF COMMON PLBAS CUHBBRLAND COUNTY, PENNSYLVANIA NO. v. JBPFRBY A. KING, Defendant CIVIL ACTION - LAW PLAINTIFF'S WAIVER OF COUNSELING Plaintiff, by her attorney, Hargaret H. Yenkowski, Esquire, files this affidavit stating: ~la lv , 1996 on the grounds of: 1. That Plaintiff, Annemarie E., King, is an individual residing in Cumberland county, Pennsylvania. 2. That Defendant is Jeffrey A. King, an individual residing in Cumberland County, Pennsylvania. 3. That a divorce complaint was filed by Plaintiff on (a) 23 Pa. C.S.A 3301(c) (Hutual consent) (b) 23 Pa. C.S.A 3301(d) (Irretrievable Breakdown) . , 4. That Plaintiff has been advised of her right to counseling and that Plaintiff waives her right to request counseling. Dated: tll\ Annemarie . . VRRIPICATION TO COMPLAINT IN DIVORCE Plaintiff verifies that the statements made in this Complaint are true and correct and that false statements herein are made Subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Annemarie E. King 1 v J ~ l:l f"ll \..1 0 ~ e g ~ '" " ~ -..,~ './1 !/'l :JI r- , .. .. g- ~ i9- ~, , ....~ lUr;? C,~-,-: f,: l.: l.,_l: C" 0.:- r~. ) f .... ,~':..- '::;,,, 4.. ",' r--: ". (J ~ , :i ~; ': rj , I; I !i '1 I I . C'""' I.... L.- .n C) .".. ~ l. ~ co o ~ t; ~. Um :'1 :::! I ',,< I : ,~ l'j;,j !');l. l ~ ..") U .- c.: ~> . . " , ANNEHARIE E. KING IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 96-559 CIVIL TERM JEFFREY A. KING Defendant civil Action- Law NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Jeffrey A. King You have been sued in an action for divorce. You have failed to answer the Complaint or file a counteraffidavit to plaintiff's affidavit. Therefore on or after June 15, 1996 the Plaintiff can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counteraffidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY IS ATTACHED TO THIS NOTICE. . . . " . . . ~ ,- ----------------------------------------------------------------- ANNEMARIE E. KING Plaintiff IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA No. 96-559 CIVIL TERM . . v. JEFFREY A. KING Defendant Civil Action - Law COUNTERAFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because [Check (i), (ii), or both] (i) The parties to this action have not lived separate and apart for a period of at least two years. [---] (ii) The marriage is not irretrievably broken. [___] [~ 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning ali ony, division of property, lawyers fees or expenses if do not claim them before a divorce is granted. [] (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. [___] ~ " " . ~. I verify that the statements made in this counteraffidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. b- (KJfb Date .. " , 'I 1 "j i 'I , I i 1 i I . I I I \ . ~ ~ -- ,~-:. .. ~t ..i '...II' )-) ;.~ .,...... " - ,~ C' .'~ " en ~< (f) LUl.. ('J L.' 11"''- "Z ." :"Il:.:l 0" , r~l~ f~ 0", >'.: II, .,,, :~, 0 el' II .... " . " ., . .' t . , ANNEMARIE E. KING IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : No. 96-559 CIVIL TERM . . JEFFREY A. KING Defendant civil Action- Law . . AFFIDAVIT OF CONSENT UNDER SECTIONS 3301 (c) and 3301 (d) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) and 3301 (d) of the Divorce Code was filed on February 1, 1996. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4.1 verify that the statements made n this affidavit ate true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. q '- tt'. ..rl. c.~ ~~~ ;;: ~t:.: \.LJL.o. :"-'ll- u:. r-' '0 ~ ('~ '--7-"'C :.~ tn ,,,, ':;,... ')'"0'; . );:; .'.~ ,(i) :~~.. 0,'-" "'-I~O '.)n. ":5 () -' .- .........\ :::0, ..0 CI' . . , ~ . a " . . . ANNEHARIE E. KING IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 96-559 CIVIL TERM . . . . JEFFREY A. KING Defendant civil Action- Law . . AFFIDAVIT OF CONSENT UNDER SECTIONS 3301 (c) and 3301 (d) OF THE DIVORCE CODE 1. A complaint in Divorce under section 3301 (c) and 3301 (d) of the Divorce Code was filed on February 1, 1996. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I verify that the statements made n this affidavit ate true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. section 4904 relating to unsworn falsification to authorities. ~ JEFF~' . G ,rr- ~ 0 - ct L. DATE " ir. ~ i:: '. C": :...: .... .- ::)~ '(3F ('"l ~') '=-~ f ..... ):::-~ i:.:. ". )".J .,,~ Cl tJ'J -if) " ~ t. "" )' L-'- :.4~. -"I-~ ~ .;,~ {".., 1= 5 It_ ,0 0 c...... u . -- - . f. . - , , ' ANNEHARIE E. KING Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : No. 96-559 CIVIL TERM v. . . : : civil Action - Law JEFFREY A. KING Defendant PROOF OF SERVICE . 2d Jf. I, Annem~rie E. King, hereby certify that on the day of .t.h~ ,9cH. , I served a copy of the above captioned Divorce Complai on Jeffrey A. King, at ~ i.m., by handing a c'my.qf the Complaint to him at 1M:/dlWul tdU 18 II:pf .;l.Oh ('......0 "("'/1 I Annemarie E. King f;~ ~ ~, ~ "', . ..... ~: iY .. .' ((~ \,.; ..' ...{".", <' I;:,L ~' ;;;:... . ~j ,2 ',' .n - \,~} .. ,.... "" . ~:. U:'j' --" -,I') ..'-' tu.. \' ~i .' "n 3 0 (.l\ . , . ,. , .., ANNEMARIE E. KING . IN THE COURT OF COMMON . . PLEAS, CUMBERLAND COUNTY, . PENNSYLVANIA , No. 96-559 CIVIL TERM . JEFFREY A. KING . civil Action- Law . Defendant . . CERTIFICATION I hereby certify that service of Counseling Notices have been made on Plaintiff and Defendant in the above action in accordance with Rule 1920.45(a)(1). , kowski, Attorney for arie E. King .:: ~t ~;:: . ..... ~, " i,'O t.: I' '0 .. ..~;<. '. In (",. -' i-; L', t.r1 U' ~ ..~. ,_, /,. .~~j ,./) , " ::11 ,11. '"!..- - '" ,) '. . .. . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 96-559 CIVIL TERM l..' " .. .: , ANNEHARIE E. KING . . JEFFREY A. KING Defendant J UN 2 G :g9fi:,,^ . . civil Action- Law . . ORDER APPROVING CUSTODY AGREEMENT AND NOW, this '2.-t day of \ V\A..Jt. , 199....1;, upon receipt of the record setting forth a cause of action under Section 3301 (c) and in consideration of the attached Stipulation for Entry of Custody Agreement, it is HEREBY ORDERED AND DECREED that legal and physical custody of the parties minor children Ashlee Anna King and Alexander Michael King is awarded to Annemarie E. King. AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the terms, provisions and conditions of Paragraph Seven (7) pertaining to custody of sai~minor children of a certain Marital Settlement Agreement dated _I no I p, ,qn ( 0 are hereby incorporated in this Decree and Ord r by reference as fully as though the same were set forth at length. ,/ " (SEAL) ~ f{T: ,1 J. '. .. ~ t t- A'~ ""... 6: ..:r , N , j:. .. ;~ ~~,' -- J.~6 e:~,' '" ~:~ .... .,~ '-,;; ~ ,', '0 . fo ,,,- "" ';;-: ',:~ n:w =5 ,;,"0 Ii: ., :".In: u. \t) ::.1 0 en U ';' . '.' .......i__ _. , .. I JUN 2G :~~J6 (Vr ANNEMARIE E. KING : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLVANIA No. 96-559 CIVIL TERM JEFFREY A. KING Defendant civil Action- Law STIPULATION FOR ENTRY OF CUSTODY ORDER BY AGREEMENT This Agreement, made this I fjf II , 1996 Day of ~ {lC- By and between Annemarie E. King of Cumberland County, Pennsylvania (hereinafter referred to as "Plaintiff/Mother") and Jeffrey A. King of Cumberland County , Pennsylvania (hereinafter referred to as "Defendant/Father) states as follows: 1. Plaintiff/Mother in the above referenced Divorce Action is the Mother of the parties two minor children, Ashlee Anna King,born on February 14, 1990 and Alexander Michael King born on May 17, 1993. 2. Defendant/Father is Jeffrey A. King, who is the Father of aforementioned two minor children. 3. on~, the Parties entered into a Marital Settlement Agreement, EXHIBIT "A-1" .' '. 4. By Paragraph 7 of the aforesaid Marital Settlement Agreement, the parties agree that Plaintiff/Mother, Annemarie E. King shall have sole legal and physical custody of the children, Ashlee Anna King and Alexander Michael King. 5. Paragraph 7 of the Marital settlement Agreement further provides that Defendant/Father, Jeffrey A. King agrees that Plaintiff/Mother shall have complete control and discretion over all decisions regarding the health, welfare, and education of the aforesaid two minor children, provided however, that Plaintiff/Mother shall advise Defendant/Father of all said material decisions regarding the health, welfare, and education of the said minor children. 6. The Parties have negotiated the legal and physical custody provisions based upon existing circumstances. In particular, the parties agree that Defendant/Father, Jeffrey A. King shall have liberal visitation privileges in accordance with a schedule to be agreed upon by the parties which shall be consistent with the Children's best interests and welfare. 7. The Parties agree that the terms of the Custody Agreement as provided for by Paragraph 7 of the Marital Settlement Agreement of , will be entered as an Order of the Court as if a full hearing had been conducted. 8. Each of the Parties has carefully read and fully EXHIBIT IA-2" . ' . I . considered this stipulation for Entry of Custody Order by Agreement, and all of the statements, terms, conditions and provisions thereof prior to signing below. WHEREFORE, the parties respectfully request that the Court enter a custody Order pursuant to the terms set forth in the Marital Settlement Agreement dated .' IN WITNESS WHEREOF, intending to be of parties have set their hands and C)u t\ 0 /' seals this legally bound hereby, \~tI) the day , 1996. WITNESS GWJ1jQjJP d r'Uia ANNEHARIE E. KING (j ., rlG.~ C\,~ nb,...LU'...i, (\ l.I.\",n WITNESS EXHIBIT IA-3" " '.. (Y) tr; ~ " ~, ,-~ c;, ~~ c., ~J_, ~~ .- "0.' c.: .-:.1. .1..-. "1::J .,. c Lf") ~fn ~L, ." ":.:-~ C'-' :.. -." l!, .~ ;1~ :,. p, ::, , :.-~ \', _0 ,J () :.." () . . , . , . HEADING ,. " . ~ TABLE OF CONTENTS 1. 2. 3. 4. 5. ADVISE OF COUNSEL DISCLOSURE OF ASSETS PERSONAL RIGHTS MUTUAL CONSENT DIVORCE EQUITABLE DISTRIBUTION (a) Marital Residence (b) Household and Personal Property (c) Vehicles (d) Employment Benefits (e) Parties' Debt (f) Miscellaneous Property (g) Property to Wife (h) Property to Husband (i) Assumption of Encumbrances (j) Liability Not Listed (k) Indemnification of Wife (1) Indemnification of Husband WAIVER OF ALIMONY CUSTODY (a) Other Residences, Addresses and Telephone (b) Non-Alienation (c) Entry of Court Order COUNSEL FEES, COSTS AND EXPENSES i 6. 7. 8. .,_........;r~j..J,lf-:1': EAGE 2 3 5 5 6 6 7 7-8 8 9 9 9 10 10 10-11 11 11 11-12 12-13 13 13 13 13 HEADING 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. TABLE OF CONTENTS (continued) EAGE: WAIVER OF INHERITANCE RIGHTS WAIVER OF BENEFICIARY DESIGNATION RELEASE OF CLAIMS PRESERVATION OF RECORDS MODIFICATION 14 14 15-17 17 17 SEVERABILITY 17-18 BREACH WAIVER OF BREACH NOTICE 18 18 18 APPLICABLE LAW DATE OF EXECUTION 19 19 20. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE 21. 22. 23. 24. 25. 19 19-20 HEADINGS NOT PART OF AGREEMENT AGREEMENT BINDING ON PARTIES AND HEIRS ENTIRE AGREEMENT MUTUAL COOPERATION AGREEMENT NOT TO BE MERGED 20 20 20 21 ii MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this / gll} day of --f!LUlL-, 1996, by and between Annemarie E. King of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and Jeffrey A. King, of Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), WITNESSETH: WHEREAS, Annemarie E. King, social security number 067-40- 6240, was born on January 18, 1964 and presently resides at 802 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania, 17070. WHEREAS, Jeffrey A. King, social security number 211-40-6162 was born on May 7, 1964, and presently resides at Richland Lane, Building 3B, Apt #206, camp Hill, Cumberland County, Pennsylvania, 17011. WHEREAS, the parties hereto are husband and wife, having been lawfully married on October 10, 1987, in Corning, Steuben County, New York, 14830. WHEREAS, two children were born during the marriage of the parties, namely Ashlee Anna King, born on February 14, 1990 and Alexander Michael King born on May 17, 1993. WHEREAS, the parties are desirous of settling fully and finally their respective financial and property rights and 1 -....~-.. "'-'-'.'. 7'. ..,~_,__-,_","'~~ '_'_ ,", obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the custody of their children Ashlee Anna King and Alexander Michael King, 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 these premises, and of the mutual promises, covenants and undertaking hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency 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: 1. ADVISE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Annemarie E. King by her counsel, Margaret M. Yenkowski, Esq. The parties acknowledge that Wife has been represented throughout these proceedings by Margaret M. Yenkowski, Esquire. The parties further acknowledge that Husband has been advised that Margaret M. Yenkowski, Esq., represents only Annemarie E. King and does not represent Husband, Jeffrey A. King. Husband Jeffrey A. King is unrepresented. Each party acknowledges that he or she has had the opportunity to independent legal advise from counsel of his or her selection, and that each fully understands the facts and has had the opportunity to be informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this 2 ''''.'~.-........,. . Agreement is, in the circumstances fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been given the opportunity to be fully advised by an 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 oendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein 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 affecting the respective parties' rights to alimony, alimony oendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 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 3 discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of civil Procedure. Each of the parties further acknowledges that he or she understands the concept of marital property under Pennsylvania law and each is aware of his or her right to seek counsel to explain the real and/or personal property, estates and assets, earnings and income of the other and have such 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 income, assets, liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement, and the parties do not wish to make or append any further enumeration or statement. The parties hereby acknowledge and agree that the division of 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 or 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. 4 " 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb, or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that their marriage is irretrievably broken and both waive the right to request marriage counseling. Wife has commenced a divorce action pursuant to section 3301(c) of the Divorce Code of 1980 as amended. Ninety (90) days have expired and the parties agree to file a Section 3301 (c) Affidavit of Record and Husband shall take all steps necessary to finalize the divorce. The parties, by this Agreement, have resolved all ancillary economic issues related to their divorce action. Accordingly, neither Husband nor Wife shall raise any economic issues of record upon the filing of the divorce complaints. 5 ____.--\':i- -.,... 5. EOUITABLE DISTRIBUTION. The parties acknowledge that they have lived separate and apart since 6/13/l994. Furthermore, the parties agree that their property shall be distributed as follows: (a) Mar! tal Residence. The parties acknowledge that during the marriage they acquired real property known as 802 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania, 17070. This property was owned by the parties as tenants by the entireties. Husband and Wife have agreed that mortgage payments regarding 802 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania, 17070 have been made by Wife, Annemarie E. King, since the date of separation, June 13, 1994, and that husband will not make any claim against wife, Annemarie E. King, for any portion of the equity in the real estate known as and situate 802 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania, 17070. Furthermore, Husband agrees to convey, transfer and grant to Wife his right, title and interest in the real estate situate at and known as 802 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania. Wife hereby agrees that no later than February 15, 1999 she will cause the release of Husband from any liability or obligation on the mortgage note presently existing with respect to said premises and upon which both parties hereto are liable. From the date of this Agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Wife further covenants and agrees to hold Husband 6 c harmless from any such liability or obligation. (b) Household and Personal Procertv. Except as otherwise provided in this Agreement, as of date of execution of the Agreement, Husband hereby sets over, transfers and assigns to Wife any and all of his right, title, claim and interest in and to all of the household and personal property currently in Wife's possession, including but not limited to all furniture, furnishings, rugs, carpets, household appliances, and equipment, clothes, jewelry, furs, personalty and other items of tangible property of whatever nature currently in wife's possession. Except as otherwise provided in this Agreement, as of date of execution of this Agreement Wife hereby sets over, transfers and assigns to Husband any all of her right, title, claim and interest in and to all of the household personal property currently in Husband's possession, including, but not limited to, all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, furs, personalty and other items of tangible property of whatever nature currently in Husband's possession. (c) Vehicles. (1) Husband agrees that wife shall retain possession of and receive as her sole and separate property the 1992 Buick Regal automobile titled in her name, along with all rights under any insurance policy thereon, and the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, and Wife shall indemnify and hold Husband and 7 " , "'.' his property harmless from including attorney's fees, automobile. any liability, cost, or expense, incurred in connection with this (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1979 Toyota automobile titled in his name, as well as the 1984 Ford van, along with all rights under any insurance policy thereon and the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, and Husband shall indemnify and hold Wife and her property harmless from any liability, cost or expense, including attorney's fees incurred in connection with this vehicle. (d) Emolovment Benefits. The parties hereby waive any and all right to claim any interest or share in each other's pension, profit sharing plans and other employee benefits, if any from their present or past employers. The parties acknowledge that Wife is employed by cocciardi and Associates and Husband is employed by Lauer Electric. Both acknowledge that they have received information regarding the existence or non-existence of such employment benefits including, but not limited to, profit sharing, ESOP plans, pension contributions and plans and 401 (k) plans and are satisfied with the information so provided. Both parties agree to sign any and all documents necessary to cause the transfer of his or her interest in any pension/ employment benefit upon request of the other party. Further, both parties acknowledge that they understand they must notify their employer and/or 8 ,... appropriate plan administrator of the removal and/or change of any such beneficiary designation. (e) Parties' Debt. The parties represent and wbrrant to each other that since separation, they have not incurred any debts or made any contracts for which the other party or the other party's estate may be liable. The parties shall not contract or incur any debt or liability for which the other spouse's property or estate might be responsible and shall indemnify and save harmless the other spouse from any and all claims or demands made against the other spouse by reason of debts or obligations incurred by him or her. Each party shall be responsible for any and all credit card debt in his or her own name and shall indemnify and hold the other party harmless for any such debt. (f) Miscellaneous Procertv. Any and all property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (g) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall 9 constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (h) Propertv to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (i) Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim of liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. (j) Liabilitv Not Listed. Each Dartv reDresents and warrants to the other that he or she has not incurred anv debt. obliaation or other liabilitv. other than those described in this Aareement. on which the other Dartv is or mav be liable. A liabilitv not disclosed in this Aoreement will be the sole resDonsibilitv of the Dartv who has incurred or mav hereafter incur it. and such Dartv aorees to Dav it as the same shall become due. and to indemnifv and hold the other Dartv and his of her DroDerty 10 , ~ harmless from any and all such debts. obli9ations and liabilities. (k) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or lOGS resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (l) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. 6. WAIVER OF ALIMONY. Husband and Wife represent and acknowledge that by the distribution of the property provided for herein, they each have sufficient property to provide for her or his reasonable needs and each is able to support herself or himself. Therefore, notwithstanding anything to the contrary contained in this Agreement or in the Divorce Code, Husband and Wife hereby expressly waive, discharge and release any and all 11 "><--. . rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, cendente lite, support and/or maintenance or other like benefits resulting from parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. CUSTODY. The Parties hereby absolutely and unconditionally agree that Wife, Annemarie E. King shall have sole legal and physical custody of children, Ashlee Anna King and Alexander Michael King. Husband agrees that Wife, Annemarie E. King shall have complete control and discretion over all decisions regarding the health, welfare and education of the children, Ashlee Anna King and Alexander Michael King, provided however that Wife Annemarie E. King agrees to advise Husband, Jeffrey A. King of all material decisions regarding the health, welfare, and education of the children, Ashlee Anna King and Alexander Michael King. The Parties further acknowledge that the parties shall each be entitled to spend time with the children as they may agree. Both parties agree that Husband may spend time with the children at such other times as the parties may mutually agree. Furthermore, Husband and Wife agree that they shall consul t with each other as often as may be necessary regarding matters pertaining to the children, Ashlee Anna King and Alexander 12 Michael King. (a) other Residences. Addresses and Telephone. All residences, addresses and telephone numbers where Ashlee Anna King and Alexander Michael King may be reached at all times, including vacations, shall be known to both parties. (b) Non-Alienation. The welfare and convenience of Ashlee Anna King and Alexander Michael King shall be the prime consideration of the parities in any application of the provisions of this Agreement. Neither party shall alienate or attempt to alienate or destroy the affection of Ashlee Anna King or Alexander Michael King for the other parent, but shall exert every reasonable effort to foster a feeling of affection between Ashlee Anna King and Alexander Michael King and both parties. (c) Entrv of Court Order. The parties agree to execute a stipulation for an Agreed Custody Court Order which shall incorporate the provisions of Paragraph Seven (7) of this Agreement. The Stipulation shall be in the form set forth in Exhibit "A", attached hereto and made part hereof and it shall forthwith be entered as an Order of the Court of Common Pleas of Cumberland County, Pennsylvania, in the Courts discretion. 8. COUNSEL FEES. COSTS AND EXPENSES. 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 and the preparation and execution of this Agreement. 13 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, effective upon the execution date, Husband and Wife each waives all rights of inheritance in the estate of the other any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance pOlicies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designation naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be 14 .~'"r. ,;,,-~... - , .' named as beneficiary and no alternate beneficiary is otherwise designated the beneficiary shall be deemed to be the estate of the deceased party. Notwi thstanding the foregoing however, in the event that either party hereto specifically designates the other party as a beneliciary after the date of execution of this Agreement, then thus waiver provision shall not bar that party from qualifying as such beneficiary. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. Howevor, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, 15 acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony Dendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of 16 dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United states, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. l4. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless 17 survive and continue in full force and effect without being impaired or invalidated in any way. l5. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17, NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Jeffrey A. King 3B Apt. 206 Richland Lane Camp Hill, pennsylvania, l70ll and to Wife, if made or addressed to the following: Annemarie E. King 802 Sherwood Road New Cumberland, Pennsylvania, 17070 18 " Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect of reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs 19 hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including all schedules attached hereto; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire Agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of 20 ',' ~ such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specificallY not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ", ' d~ C" \liLv,...o WITNESS ANNEHARIE E. KING lP-18-Q(jJ d~u ,dl 0. lOlrhO WITNESS DATE J'\/t/ ~~j#-W- JEFFREY A. KING _h - \ ~ - 9h DATE 21 . . COMMONWEALTH OF PENNSYLVANIA ) ) ) COUNTY OF (;. ~l' .. ., _....,J",...... "'J BEFORE ME, the undersigned authority, on this day personally appeared .'NNEHARIE E. KING, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and consideration herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~...{ , 1996. /~II, day of Qh.t}:'-.-1j-:.... Notary Public in and for Commonwealth of Pennsylvania TYP~fi RIT:tm1,~:..~~~~Of Notary: My Commis n ex ires: ""I,...~S." .....lIn f"tt:l.a" ~kl'M't' rl~ .bn~ I..." r,JI'm'....;.....~CooJrIlY ,.., CM,."\~,....I[ ';-"','5J-J., U. 1!We 22 . -._~".~,. . . COMMONWEALTH OF PENNSYLVANIA ) ) ) COUNTY OF (:uml;o,II.",; ~ BEFORE ME, the undersigned authority, on this day personally appeared JEFFREY A. KING, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and consideration herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~N~ , 1996. IcfoM day of Ot,~ ~- Notary Public in and for Commonwealth of Pennsylvania Typed or p~Jn~ed name of Notary: MARTIN l1b~.....loIi~, .'........J.AI .-ualo My Commiss r';ll,t..".. ~~',I U."l:r, r,; l"..,'" ~" :\', 1'..t...~ Iln"'r,,"'" I A~' (-.JI:,~....if" c.o."t'V Mr (;.l;.n'fflo......~. t. ....'.., ~"~f 21. '1W6 23 " -' t >- .:r :- rr; '.' ,.; " ~: C1 ,'- vf : ~:: w~ -'4," I. .': ,;: ,..J:"~ 'r :,-" 9{.' Ii) :~ 8~ . ~~. ' , ( '" )./' .C::" ,c. :;J , .. , !tIl , 1-": ~ 'I .',10.. " ..~ ". ...., :::1 L> Cfl U -