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HomeMy WebLinkAbout96-00601 ..' 1 8 1 Zl I I . I "11 . :fl I Z\ ! f: ~ JI I I I - o . ...j I I I -3! 0-1 , O( 7i , ~ . . .:co '.. .:c. ... ':co .:c- .:c- '.' __ ':C- ~ .:c- .:c. .:..:. .w. ':.:. .~c. .:.:. .:c. .:c. ,. ..:tC.:~.:.>::..:.:c->:~ .:c- .:c- ...: ~~. ~ ,.~, , . ,. 8 8 8 8 8 o:i ., 8 e $ .:. ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA, D()NALD A ~H N.()SS, . Plaintif f N (), H9,~::,6.,o..1..HH' ,~~.Y,~~.. e Vl1I':;1I:i ,'. ~ i '.' TAMMI .R,. ,NOS!;, Defendant $ ~ ., " ., DECREE IN DIVORCE AND NOW, ..... ;r,\),l.'1"?: ~l,........" 19, ~~..., it is ordered and decreed that ,,"',' ,~<?~~.L.~ ,~:, ,~<?~~, , . , , , . , , , , , , , , .... , .,. ". plaintiff, and..... .......... .. ~N'!/o!~, ~.., ,~~~,~ .., , ....,.., .... ........, defendant, are divorced from the bonds of matrimony. ,'. ~ ,', ~ ~ ^ .:. ., ~ " ~ a .' S e 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; w '.' ~ ~~ ..; ~ e e ? ?- " ., ~ " e ~ ? il ~ ------.. :~:- .>>:. .:.:. .>>;. .~;. The attached agreement between the parties dated July 17, 1996 .... .... " ...... .... ,... .... ..... .., ...... .... .... .... .......... ........ ", i,~ ,~!1,c,qJ;'P?,r,'\t;~~, I?l,It, ,n,qt; ,I)l,e,r:g~9, ,~l)t9, ,t;l1t~, ,Q~Y9,r,c;~. P!'!,C;t;l;!Il,.,.. , ., , , . n y The C 0 U r I: /J /1~ . Wo..of{, Of{ f' r. Allesl: \./. [I ':\~ dv'u ~' ~~""( . ~-I ~"f.' /J ' / i:fJ . ""', k'. J{,1&t:., ' ~ . Prothonotnry ....... , . ~ ,-, ~ , ~ ~.*-~-~*********~*~~*-~. 8 e e ,', ~ " ., e e e e w ". " ., e e ~ .' w ... I, ,', ~ 8 ~ ., 8 8 w ~.~ w ,> ,,~ ~ ~ '.' $ ~ $ ~ ',' i~ '.' ~ ~ ~ *- t',. I." I~ '8 '~ , . I~ , ;1 11 ,1 " " '\ i I oj ,; ~ j '/iF; s ..;;' 7;;;5' .ft tV, (~;adt "aj d4 /';Jr ~ '1U~ I~{~ i; atf ~r " . .. r ~~'.'.."" Plaint~ff 1/1 'IUF. COllIl'r 01' C;OltlllJII "I,F.M OF ,CUIIDI'ILAIIU COUIIIY, l'E11115YI.VAIIlA 110,96-601 CIVIL Vll. TAMMI R. NOSS, Defendant rllAECU'E 10 'TRAIIS/ILr IlECOIlU To the I'rothonotnry: Trnnsmlt tho roconl. tognthnr with tho following Information, to tho court for entry of n dlvorcn decree: 1. Gro,",,' (or ,l1vorcel lrrntrlnvnble bre"kdoun under Section (JJOl(c) 'lQlIll(X~l(t<)l(lllJ;~ oC the Uivotce Code. (Strlkn out Illnl'Pl1cnble nection.) 2. 1),1 tn nnd m.1l1net of setv ice of the cOIIII,lnlnt: By Acceptance of Service dated February 13. '1996 by Michael L. Bangs, Esquire, Attorney for Defendant, and.recorded February 15. 1996. J. (Complete eithet pntngtnph (:t) or (b) .) (:t) U,1te of execution oC the arc id"vit of consent te'laired by Section of the Ulvotce Code: by the plnintHf by defend:tnt July 17. 1996 ' (b) (1) U:tte of execution of the phlntHf's "rcid:tvlt tequited by July 17. 1996 SectlonJJOI(t1lof the Dlvotce Codn: (2) d:tte oC snrvice oC the plnlntlCi's :tCCldnvlt up"n the dnie...!nnt: I,. nelated clnlms pending: See attached Property Settlement Agreement /frJuw c. 81 Attotney fOf (rlnlntlC ~x ) Andrew C. Sheely, Esquire '.- en ,- b. .- i= .. .J..< c' So! ''5 . : :~; l. l.:' . '. - FE; L... 'c-':J ~'- ...... c.J !n -':'1 -'1 ;'~; Lt.I'" ".] li: :-' ~", '<.1- F -, "j lL ...~ () <.j' 0 .', #61 ~ .. .:.J.: DONALD A. NOSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. TAMMI R. NOSS, 96 - 601 IN DIVORCE Defendant nIVZR 01' HOTICJI 01' IHTJlHTIOH TO RJlQUJl8T JlHTRY 01' A DIVORCJI DJlCRJlJI UHDJlR 13301 fo) 01' TKJI DIVORCJI CODJI 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: Julv n. 1996 1 eV~"fft'i;::LL- odNALD A. NOSS Jt&I -Go ~. . . , \, \ \ I co ".. .... f ~: lr; C', ._J. .. ~ is J.--.. Lt.1 ~_ . ::.J )<. (.)- :~ (.!'( ",.......J o' L....~ H'i '- Ot-- ,-, -in IS: "';'~ lll-' /0 .nll " ~ ILl. L - ...: f :3 ll. I. ~ ; 0 " , (J . , . . . . DONALD A. NOSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. TAMMI R. NOSS, 96 - 601 IN DIVORCE Defendant nIVZR 01' HOTICJI 01' IHTJlHTIOH TO RJlQUJl8T JlHTRY 01' A DIVORCJI DJlCRJlJI UHDJlR 13301 to) OF TUJI DIVORCJI CODJI 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S,A, Section 4904 relating to unsworn falsification to the authorities. 1, n },h, ',(,',' ) l~' ,- ... TAMMI R. NOSS " DATE: Julv :'1. 1996 h't;/ .J ..:;;t ,. (Xl '- c.:; ,"-, ! ~. ~ r'c- ~~i " '.... " ,..""t III: ~. ? ( ): )..... u:~ - =...... It_; ~.:.j y, ", (i) C'II ~ '- (1,- "~.r,] t;>l: , .- ',6..; 1..' ~ .. ~'J .... ... , (.) . , . MARITAL AGRBBMEHT 1 THIS AGREEMENT, made this I' I ~~" day of July, 1996, by and between Tammi R. Noss, party of the first part, hereina- fter referred to as "Wife", and Donald A. Noss, party of the second part, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on June 4, 1983; and WHEREAS, the parties have children from the marriage, namely Matthew A, Noss, D.O.B. 5/12/85, Brittney N. Noss, D,O.B. 6/8/87, and Ethan A. Noss, D,Q.B. 12/27/91. WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and 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 specifica- tion: the settling of all matters between them relating to the ownership and equitable distribution of real and personal pro- perty; the settling of all matters between them relating to the past, present and future support and/or maintenance of the children; 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 Wife; 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, Michael L. Bangs, Esquire Attorney for Wife, and Andrew C. Sheely, Esquire, Attorney for Husband, and having had the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and WHEREAS, Husband has filed a No-fault Complaint in Divorce, said Complaint being docketed in the Cumberland County Prothonotary's Office at No. 96 - 601. 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 their hands and seals agree as follows: 1. ADVICE OF COUNSEL 2 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 to be fully advised if his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging 3 ~ 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 choose or deem fit. 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 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. 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 personal representative in the estate of Wife, and Wife relin- quishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the 4 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: (AI Marital residence located at 1714 Locust street, New CUmberland, Cumberland county, Pennsylvania: and (B) 1986 Mazda B-2000 (sold by Wife): and (C) 1989 Dodge Van caravan (C) increase in value of non-marital property located at 392 N. 19th street, Camp Hill, PA 17011: and 5 CD) Misc. personal property and marital debt. 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 of the marital residence, any and all pensions, and other items of marital pro- perty. However, the parties agree that they will not undertake this expense and acknowledge that no financial disclosures are attached to this agreement as separate exhibits or schedules. 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, motor vehicles, 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 possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this 6 Agreement shall have tho effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. Further, 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 posses- sion 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 such disposition of property. 7. REAL ESTATE Husband and Wife have sold the marital residence and real estate located at 1714 Locust street, New Cumberland, Cumberland County, Pennsylvania, and have received net proceeds 7 from such sale in the amount of $22,215.36. Husband and Wife ack- nowledge and agree that the proceeds from the sale of the marital residence and real estate shall be distributed as follows: Ca) All proceeds shall be divided equally between Husband and Wife, with each party receiving an amount of $11,107.68; and Cb) Wife shall pay husband an amount of $500.00 from her share of the proceeds for a portion of credit card debt attributable to marital debt as set forth in paragraph 10 below, specifically the Montgomery Ward, Sears and Boscov Accounts, and Husband shall pay-off those marital debts in full within three (3) days after receipt of this payment and signing this Agreement; and; Cc) Wife shall pay an amount of $2,500.00 from her share of the proceeds to Husband to reimburse his parents, Wayne and Donna Noss, of Camp Hill, Pennsylvania, for the purpose of repaying a loan provided to Wife associated with payment of an inheritance tax on real, non-marital property acquired by Wife during marriage. Cd) Husband and Wife further acknowledge and agree that the sale of the marital residence may result in a capital gains tax associated with distribution of proceeds from such sale of real property. Each party has been 8 9 advised of their right to review this matter with an accoun- tant prior to signing this Agreement. Husband and Wife agree that Husband shall assume liability for any and all capital gains taxes which may be assessed hereafter as the result of a sale of the above described real estate, provided Husband is eligible for or qualifies for an exemption from payment of such taxes in accordance with law. In the event Husband is unable to or does not qualify for an exemption, it is further agreed between the parties that they shall satisfy their respective liabilities, at their respective options, by paying any taxes due based upon the amount received in subparagraph (a) above, In the event financial information is needed to pay such tax, if any, or to qualify for such exemption for reporting purposes, the parties shall provide such information upon reasonable request. Husband further relinquishes and waives any legal or equitable interest which he may have acquired in the non-marital property located at 392 N. 19th street, Camp Hill, PA 17011, as more specifically recorded in Deed Book "D", Volume 29, page 884, in the office of the Recorder of Deeds of Cumberland County, 8. MOTOR VEHICLES Wife shall assume sole possession of the 1986 Mazda B- 2000, or the proceeds thereof, and Husband shall assume sole possession of the 1989 Dodge Van Caravan and hold Wife harmless from any liability associated with a loan on such vehicle, if any. The parties hereto agree that titles to the motor vehicles shall be transferred within thirty (30) days from the date of this Agreement to the party receiving title, if applicable. 9. MISCELLANEOUS (A) The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit, owned by them jointly or singly, have been divided to their mutual and individual satisfaction. (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. (e) 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. 10 , (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 liability 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, (F) Each party represents and warrants to the other that each shall file separate income tax returns for tax year 1996 and thereafter. Information maintained by one party which is necessary to complete any subsequent income tax return by the 11 , other party shall not be unreasonably withheld upon the request of either party. 10. DEBTS OF HUSBAND AND WIFE Husband and Wife acknowledge have incurred various marital, (joint and separate) debts prior to separation. Pre- sently, Husband and Wife remain indebted to the following persons or entities in the following approximate amounts: ~ Amount of Debt A. B. C. Boscov's Montgomery Ward Sears $467.44 $406.39 $138.00 Total $1.011,83 As set forth above, upon payment of an amount of $500.00 to Husband from Wife, Husband shall satisfy these debts within three (3) days after payment of the $500.00 and the date of the signing of this Marital Agreement, 11. 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 12 , , 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. 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 voluntarily and intelligently waive and relinquish any right to seek from the other payment for support, alimony and maintenance, 12. SUPPORT FOR CHILDREN The parties hereto acknowledge that all issues concern- ing the support of the minor children are presently resolved. Both parties further acknowledge and understand that either party, or their children, may pursue an action for child support against either parent, if necessary, 13. CUSTODY Husband and Wife acknowledge that all issues involving custody and temporary custody and visitation with respect to the 13 " . minor children, have been resolved in accordance with a general agreement dated January 30, 1995 which generally states that both parties shall have legal custody and that Husband shall have primary physical custody of the children. Nothing in this Marital Agreement, however, shall prevent either party from pursing a custody action in any Court with appropriate juris- diction, if necessary or desired in the future. 14. 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 breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to 14 section 3302 of the Divorce Code. 15. SUBSEOUENT 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 Co~on 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. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants 15 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. 17. 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 16 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. 18. 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 to the conditions of this Agreement. 19, 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 Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 20, BREACH If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her 17 u. , , 18 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. 53105. 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 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. 21. 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. 22. 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. 23. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. For contract interpretation parties, this Agreement was prepared by both parties, 24, VOID CLAUSES If any term, conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or 19 provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 25. BINDING AGREEMENT This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: 1r), }JlJ.IL' 7' ) / C~.)..J (SEAL) Tammi R. Noss / j1,neJJ a~~(SEAL) Donald A. Noss 20 ."_'_""-'~.'_."- . -....---. , . COMMONWEALTH OF PENNSYLVANIA . . : 55. COUNTY OF CUMBERLAND On this, the I (l~ k day of 'C)~lL. -r , 1996, before me, the undersigned officer, personally appeared Tammi R. Noss, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. JJ\,f.(uL,S CiUJIYlt': Notary Public , My Commission Expires: NOT AIllAl seAL WENDY 5. CHESUO. Notory Public Lowot Allan Twp., Cuml...rio,..d Co.. FA ,'lliy Cornr.;:",lon hpl,.. /Jtll 10, 1999 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the /71:1, day of J.....t.., ' 1996, before me, the undersigned officer, personally appeared Donald A. Noss, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. , , SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Q~"/ '(. ~:tIu.. ~ Notary Public My commission Expires: NOlanal Seal Joan E, Brolhers, NolalY PubliC Shlrelllanslown Boro. CUlllberland County My Comllll.slon Expires Feb. 12. 199B ", Pennsytvana Associa1Ion 01 N-' ,. ~ ~ to 1_., '-!; C'... .:" ~ Ulr~ (..l: : \.. . Qi cji". [~: ~.7: - i , D C, '7" :\.( > ~;~ " ,;.:~ . - J! ,:, ,;.iJ ':l::1... ~ ~~ '" .~ ~ ::t~~ 0~:.t " .J-:r:. 3~cli ~ .. , u , u .> , .. . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.q~-roOlcIVIL TERM IN DIVORCE DONALD A. NOSS, Plaintiff vs. TAMMI R. NOSS, 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 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: /lwb.uv (' 8Ju#1 Andrew C. Sheely, ~squire PA. I,D, No. 62469 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff 1 I , , .. DONALD A. NOSS, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . CIVIL ACTION - LAW . . . TAMMI R. NOSS, NO. CIVIL TERM Defendant IN DIVORCE COMPLAINT 1. Plaintiff is Donald A, Noss, who currently resides at 1714 Locust street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Tammi R. Noss, who currently resides at 221 N. Duke street, Hummelstown, Dauphin 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 June 4, 1983, at Harrisburg, 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 he 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 marriage between the parties hereto is irretrievably broken and that the Plaintiff and Defendant have lived separate and apart since January 22, 1995 or, in the alternative: (B) 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. Respectfully submitted Date: nbn,..",'O 2-, ,..,q~ (SEAL) " 'vi C. 8J.v.<A Andrew c. Sheely, Es ire Attorney for Plaintiff 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: :l. /2../1 (, J-vneJZf C1/)i//j'L Donald A. Noss (SEAL) 2 ^ "-'c., ,..~,.,."~.,'""...',';,, ""'",,,..,_~_~, , . DONALD A. NOaa, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. TAMMI R. NOSS, NO. CIVIL TERM IN DIVORCE Defendant APPIDAVIT DONALD A. NOSS, 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. /loH{.(fr (/ 4.n:l- DONALD A. NOSS SWORN to an9 subscribed before me this c>h<(:::day of Rb-:.u {I'd ' C?~"u,tf! (). ,ad/.1-'1"t Notary PubI1C My Commission Expires: 1995. NOTARIAL SEAL CATHERINEJ, BARRA, NOTARY PUBLIC SHIREMANSTOWN BORD, CUMBERLAND CO PA MY COMMISSION EXPIRES SEPT, 9,1999 . .k . I ~ ~ j:: \D -- ~~~ ~ ....,. - b'; .~ M .'.. U.I(! : :J..~ "~(': ~.I .:. '; !...,' r:: C);: ~ l.{l. ~ 0 <0 O. ( ''','1 , ( , ~"-~ ~-:: ... C) t:) e. c') ,~~ C',J U."-- I lI'\ 01.,) ~t,:! ' ~--; ~ ('~ i:ii'Q ""'-C '- r: I~' !,;:!c. - \,>.. l'. ", ::) ""- ..:. C"t U ~ ~ ., ~ 'f: ~ r- ~ :ll: C'<) ~i:\ ~ /Y,51 S..,y- . , . . , DONALD A. NOSS, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-601 IN DIVORCE VB. . . . . TAMMI R. NOSS, Defendant AI'.IDAVIT 0. CONSBNT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 2, 1996. 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct, 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: J~l il.: 1ft'))/..NL -,t' TAMMI R. NOSS /J .,.:.k>> i'JlfJb / J8 :>- ,.... r: I1Jr: <). 11-' IT" . cY -,' C,: Lt... ... - Ci' V> C\; '- ,. ,.' --:: :).... j':;':: " ,C , ;~.:; - :;'.2 -..... ,I!!) :0- ,5 ',,) ;-. ":'"l ;:-. ,. \,,-.: ,', L. , . . " . . . . . . . . DONALD A. NOSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96 - 601 IN DIVORCE vs. TAMMI R. NOSS, Defendant Al'rIDAVIT 01' CONSBNT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 2, 1996. 2. The marriage of Plaintiff and Defendant is ir- retrievably 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 after service of notice of intention to request entry of the decree, I verify that the statements made in this Affidavit are true and correct. 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: Julv /1 ,J}c'[(ll t? /~ DONALD A. NOSS 1996 . q >- '0 u; j::~ ~" ur;"": " ( ,... ,,, '': n.: f- " LJ..s t;.. ':.;: <)J1. .;:j 0, ~ 'I}') ~Il. _.l, . :.<:; li.:- ;.- .. ;..J - ."1u.. I', '-) "'J "J I, , U . . . . . . . . , . . . DONALD A. NOSS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96 - 601 IN DIVORCE vs. TAMMI R. NOSS ACCEPTANCE OP SERVICE I, Michael L. Bangs, Esquire, state that I am authorized and do hereby accept service of the Divorce Complaint filed in the above captioned matter on behalf of Tammi R, Noss, Defendant. Service of same accepted on February,J, 1996. DATE: Attorney for De Tammi R, Noss 302 s. 18th street camp Hill, PA 17011 hfJ S'.s i5; N ;:: ;~ - .,. w[? t? :::J.:r (Fr-; ()~ " u: t..);;-, .~.-. "-I~j 0'- ,e- In ,- ,- I?~, . ",_,) - -, ;s:!., c':' ':.'-;.~ !c.] r-= 1..:-' ~;~' u... k. II. ...::') ::5 C Go <.J . IN The COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ~ PENNA. Plaintiff Versus Defendant DECREE IN DIVORCE AND NOW ...... .,,T.u.~. .. ~.~( 19 96 it is ordered and decreed that ........ ~.o..~.~.~?...A:. ?o..s.s .......................... plaintiff, and TAMMI R. NOSS 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; The attached agreement between the parties dated July 17, 1996 i.s...ip.c.qr, pg.r.a.t..e.d' b.u..t..n, qt...m.e.r.g .e.d..i.n..t9..t.h..i.s..D.i. yp.r.qe., p.e.qr.~ ........... By The Court: /"] /~/ ff / ~ Prothonotary DONALD A. NOSS, Plaintiff TIlE c0uR'r oF ColmoN PLEAS OF CUIIBERLAND COU[I'FY, PENNSYLVA}IIA 110,96-6.01 CIVIL vs. TAMMI R. NOSS, Defendant To the Prothonotary: Trausmit the record, PRAECIPE TO 'TI1AIISMII' RECOIU3 together with the following informatiou, to the court for eh.try of a divorce decree: 1. Ground for divorce: irretrievable breakdom~ under Section (3301(c) 'I~j~O~X$~ of tile Dlvo'rce Code. (Strike out inapplicable section.) 2. Date and manner of se~ice of the complaint: dated February J3, '1996 bY Michael L. Bangs, Esquire, Attorney for Defendant, and.recorded February 15, ]996. 3. (Complete either paragraph (a) or (b) .) (a) Date of executioo of tile affidavit of consent required by Section 3301 (c) of the Divorce Code:~ by the plalotlff July 17, 1996 by defeudant July 17, 1996 (b) (l) Date of executiou of the plaintiff's affidavit required by Section 3301(dbf the Divorce Code: (2) date of service of the plaintiff's affidavit upon the defeodaut: By Acceptance of Service 4. Related claims pending: See attached Property Settlement Agreement Andrew C. Sheely, Esquire DONALD A. NOSS, Plaintiff vs. TAMMI R. NOSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96 - 601 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST RNTRY OF A DIVORCE DECREE UNDER S3301 (C) OF THE DIVORCE C~)DE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DONALD A. NOSS, Plaintiff VS. TAMMI R. NOSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96 - 601 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEET ENTRY OF ~ DIVORCE DECREE UNDER ~3301 (O) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. TAMMI R. NOSS / JAMES D. BOGAR ANDREW C. SHEELY ATTORNEYS A.T LAW I WEST MAIN STREET SHIREMANSTOWN, PENNSYLVAN(A 17011 TEL. (717) 737-8761 FAX (717) 737-2086 MARITAL AGREEMENT THIS AGREEMENT, made this : day of July, 1996, by and between Tammi R. Noss, party of the first part, hereina- fter referred to as "Wife", and Donald A. Noss, party of the second part, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on June 4, 1983; and WHEREAS, the parties have children from the marriage, namely Matthew A. Noss, D.O.B. 5/12/85, Brittney N. Noss, D.O.B. 6/8/87, and Ethan A. Noss, D.O.B. 12/27/91. WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and 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 specifica- tion: the settling of all matters between them relating to the ownership and equitable distribution of real and personal pro- perty; the settling of all matters between them relating to the past, present and future support and/or maintenance of the children; 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 Wife; 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, ~_~, 23 P.S. 3101 ~, and being fully aware of their right to consult with or having consulted with their respective legal counsel or advisors, Michael L. Bangs, Esquire Attorney for Wife, and Andrew C. Sheely, Esquire, Attorney for Husband, and having had the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and WHEREAS, Husband has filed a No-fault Complaint in Divorce, said Complaint being docketed in the Cumberland County Prothonotary,s Office at No. 96 - 601. 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 their hands and seals agree as follows: 1. ADVICE OF C0UNSEI, 2 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 to be fully advised if his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging 3 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. ~ 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 choose or deem fit. 3. ~ 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 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. 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 personal representative in the estate of Wife, and Wife relin- quishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the 4 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. The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various assets and property, including the following: (A) Marital residence located at 1714 Locust Street, New Cumberland, Cumberland County, Pennsylvania; and (B) (C) (C) at 392 N. 1986 Mazda B-2000 (sold by Wife); and 1989 Dodge Van caravan increase in value of non-marital property located 19th Street, Camp Hill, PA 17011; and 5 (D) Misc. personal property and marital debt. 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 of the marital residence, any and all pensions, and other items of marital pro- perty. However, the parties agree that they will not undertake this expense and acknowledge that no financial disclosures are attached to this agreement as separate exhibits or schedules. 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, motor vehicles, 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 possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this 6 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 possessions of each of the parties hereto. Further, 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 posses- sion 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, convey or 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 such disposition of property. Husband and Wife have sold the marital residence and real estate located at 1714 Locust Street, New Cumberland, Cumberland County, Pennsylvania, and have received net proceeds 7 from such sale in the amount of $22,215.36. Husband and Wife ack- nowledge and agree that the proceeds from the sale of the marital residence and real estate shall be distributed as follows: (a) All proceeds shall be divided equally between Husband and Wife, with each party receiving an amount of $11,107.68; and (b) Wife shall pay husband an amount of $500.00 from her share of the proceeds for a portion of credit card debt attributable to marital debt as set forth in paragraph 10 below, specifically the Montgomery Ward, Sears and Boscov Accounts, and Husband shall pay-off those marital debts in full within three (3) days after receipt of this payment and signing this Agreement; and; (c) Wife shall pay an amount of $2,500.00 from her share of the proceeds to Husband to reimburse his parents, Wayne and Donna Noss, of Camp Hill, Pennsylvania, for the purpose of repaying a loan provided to Wife associated with payment of an inheritance tax on real, non-marital property acquired by Wife during marriage. (d) Husband and Wife further acknowledge and agree that the sale of the marital residence may result in a capital gains tax associated with distribution of proceeds from such sale of real property. Each party has been advised of their right to review this matter with an accoun- tant prior to signing this Agreement. Husband and Wife agree that Husband shall assume liability for any and all capital gains taxes which may be assessed hereafter as the result of a sale of the above described real estate, provided Husband is eligible for or qualifies for an exemption from payment of such taxes in accordance with law. In the event Husband is unable to or does not qualify for an exemption, it is further agreed between the parties that they shall satisfy their respective liabilities, at their respective options, by paying any taxes due based upon the amount received in subparagraph (a) above. In the event financial information is needed to pay such tax, if any, or to qualify for such exemption for reporting purposes, the parties shall provide such information upon reasonable request. Husband further relinquishes and waives any legal or equitable interest which he may have acquired in the non-marital property located at 392 N. 19th Street, Camp Hill, PA 17011, as more specifically recorded in Deed Book "D", Volume 29, page 884, in the office of the Recorder of Deeds of Cumberland County. Wife shall assume sole possession of the 1986 Mazda B- 2000, or the proceeds thereof, and Husband shall assu~e sole 9 possession of the 1989 Dodge Van Caravan and hold Wife harmless from any liability associated with a loan on such vehicle, if any. The parties hereto agree that titles to the motor vehicles shall be transferred within thirty (30) days from the date of this Agreement to the party receiving title, if applicable. 9. ~ (A) The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit, owned by them jointly or singly, have been divided to their mutual and individual satisfaction. (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. (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. 10 (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 liability 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. (F) Each party represents and warrants to the other that each shall file separate income tax returns for tax year 1996 and thereafter. Information maintained by one party which is necessary to complete any subsequent income tax return by the ll other party shall not be unreasonably withheld upon the request of either party. 10. DEBTS OF HUSBAND AND WIFE Husband and Wife acknowledge have incurred various marital, (joint and separate) debts prior to separation. Pre- sently, Husband and Wife remain indebted to the following persons or entities in the following approximate amounts: Name ~ A. Boscov~s $467.44 B. Montgomery Ward $406.39 C. Sears $138.00 Asset forth above, upon payment of an amount of $500.00 to Husband from Wife, Husband shall satisfy these debts within three (3) days after payment of the $500.00 and the date of the signing of this Marital Agreement. 11. ALIMONY. SUPPORT ANDMAINTENANCE 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 12 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. 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 voluntarily and intelligently waive and relinquish any right to seek from the other payment for support, alimony and maintenance. 12. SUPPORT FOR CHILDREN The parties hereto acknowledge that all issues concern- ing the support of the minor children are presently resolved. Both parties further acknowledge and understand that either party, or their children, may pursue an action for child support against either parent, if necessary. Husband and Wife acknowledge that all issues involving custody and temporary custody and visitation with respect to the 13 minor children, have been resolved in accordance with a general agreement dated January 30, 1995 which generally states that both parties shall have legal custody and that Husband shall have primary physical custody of the children. Nothing in this Marital Agreement, however, shall prevent either party from pursing a custody action in any Court with appropriate juris- diction, if necessary or desired in the future. 14. ~ 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 breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to 14 Section 3302 of the Divorce Code. 15. SUBSEOUENT 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. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants 15 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. 17. 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 16 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. 18. 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 to the conditions of this Agreement. 19. 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 Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 20. If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her 17 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. §3105. 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 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. 18 Ail 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. 21. DESCRIPTIVE ~ADINGS 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. 22. 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. ~ This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. For contract interpretation parties, this Agreement was prepared by both parties. ~ If any term, conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or 19 provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 25. BINDING AGREEMENT This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: Tammi R. Noss / Donald A. Noss 20 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : ~, =ne undersigned officer Re ..... ~_ _~ ~ , %996, before · , ~ ~ov~laxzy a ear known to me ~or -=*~-~--~- .~ ppeare~ Tamml R. Ness · · -~a~uorl~y proven~ t- ~- ~ ' ~ u m~ =ne person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I hereunto set my hand and official My Commission Expires: · WENDY $. CHESB~O N~zry Publk: ~ ~wer Allen Twp., Cumberland Ce., PA ~ ~y Com~ COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this, the /7~ day of ~ , 1996, before me, the undersigned officer, personally appeared Donald A. Ness, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I hereunto set my hand and official Notary Public My Commission Expires: l..... Notarial Seal Joan E. Brothers, Notary Public Shrmmanstown Boro Cumberland County My Commission Expires Feb. 12, 1,9.98~ t,~en:ber, Pennsylvania ~afion of JAMES D. BOGAR ANDREW C. SHEELY ATTORNEYS AT LAW 5 WE~T MAIN ,STREET SHIREMANSTOWN, PENNSYLVANIA 17011 (717) 737-8761 DONALD A. NOSS, : Plaintiff : vs. : TAMMI R. NOSS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~- ~ /CIVIL TERM 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 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 Andrew C. Sheely, ~squire PA. I.D. No. 62469 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff DONALD A. NOSS, Plaintiff TAMMI R. NOSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE 1. Plaintiff is Donald A. Noss, who currently resides at 1714 Locust Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Tammi R. Noss, who currently resides at 221 N. Duke Street, Hummelstown, Dauphin 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 June 4, 1983, at Harrisburg, 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 he 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 marriage between the parties hereto is irretrievably broken and that the Plaintiff and Defendant have lived separate and apart since January 22, 1995 or, in the alternative; (B) 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. Respectfully submitted Dat.: ~ ~, ,~ ~.~%J~__ c. ~_~_ (SEAL) drew C. Sheely, Es~ire Attorney for Plaintiff 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: Donald A. Noss (SEAL) 2 DONALD A. NOSS, Plaintiff vs. TAMMI R. NOSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-601 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Co~e was filed on February 2, 1996. 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. 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. TAMMI R. NOSS / DONALD A. NOSS, Plaintiff TAMMI R. NOSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96 - 601 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 2, 1996. 2. The marriage of Plaintiff and Defendant is ir- retrievably 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. 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. DONALD A. NOSS DONALD A. NOSS, Plaintiff vs. TAMMI R. NOSS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96 - 601 IN DIVORCE ACCEPTANCE OP BERVIC~ I, Michael L. Bangs, Esquire, state that I am authorized and do hereby accept service of the Divorce Complaint filed in the above captioned matter on behalf of Tammi R. Noss, Defendant. Service of same accepted on February i3 , 1996. DATE: 302 S. 18th Street Camp Hill, PA 17011