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HomeMy WebLinkAbout02-5003 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA STEVEN M. SMITH, VS. BETTY SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- CIVIL TERM : IN DIVORCE 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 divome or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTYAVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff 26 ~ High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA STEVEN M. SMITH, VS. BE'l-FY SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - : IN DIVORCE CIVIL TERM COMPLAINT STEVEN M. SMITH, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is STEVEN M. SMITH, who currently resides at 608 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania, where he has resided since 1975. 2. The Defendant is BETTY SMITH, who currently resides at 608 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania, where she has resided since 1975. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 20, 1975, at Mechanicsburg, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verif~ that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Steven M. Smith Date: SAIDIS SHUFF, FLOVv~_,R & LINDSAY 26 W. High Street Carlisle, PA STEVEN M. SMITH, VS. BE I t ¥ SMITH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 5003 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER §3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSE. LING A Complaint in Divorce under §3301 (c) of the Divorce Code was filed October 16, 2002. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is gr;mted. 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities Date: b/~f~:~/f~¢ ~ _~L~ E~etty Srr~, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA STEVEN M. SMITH, vs. BETFY SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 -5003 CIVIL TERM : : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER §3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSEMNG A Complaint in Divorce under §3301 (c) of the Divorce, Code was filed October 16, 2002. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Steven M Smith PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will Hot 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities ~teven M. Smith MARITAL SE TTLEMENT AGREEMENT BY AND BETWEEN BETTY SMITH STEVEN SMITH Dawn S. Sunday, Esquire 39 West Main Street - Suite #1 Mechanicsburg, PA 17055-6230 (717) 766-9622 Counsel for: Betty Smith Carol J. Lindsay, Esquire 24 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for: Steven Smith MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this // day of_ (._f~.,/,.¢~ ,2004, by and between BETTY SMITH, of Mechanicsburg, Permsylvani (hereinafter referred to as "WIFE"), and STEVEN SMITH, of , Pennsylvania (hereinafter referred to as "HUSBAND"), WITNESSETH: WHEREAS, the parties are Wife and Husband, having been married on September 20, 1975 in Cumberland County, Pennsylvania; WHEREAS, differences have arisen between Wife and Husband in consequence of which they have decided to live separate and apart flora each other and consent to a mutual consent divorce; and WHEREAS, Wife and Husband desire to settle fully and finally their respective financial and property rights and 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 support and maintenance of one another 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, the parties, intending to be legally bound, agree as follows: 1. ADVICE OF COUNSEL: Both parties agree and acknowledge that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement. The provisions of tiffs Agreement and their legal effect have been fully explained to the parties by their respective counsel. Wife has obtained legal advice and representation from Dawn S. Sunday, Esquire. 2 Husband has obtained legal advice and representation from Carol J. Lindsay, Esquire. Both parties agree and acknowledge that they fully understand the facts upon which this Agreement is based, that they believe this Agreement to be fair and equitable, that this Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal Agreement or Agreements. 2. DISCLOSURE OF ASSETS: The parties warrant that they have given full, complete and accurate disclosure of all assets, of any nature, whether or not the assets were held jointly or in one name alone. The remedies, available to either party for violation of this provision shall be those remedies availahle pursuant to law and equity including the right to punitive and compensatory damages. 3. PERSONAL RIGHTS: Wife and Husband 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 she or he may select. Each may, for her e,r his separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to her or him may seem advisable. Wife and Hus'band 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 may means or in any manner whatsoever with her or him. Neither party will interfi,~re with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. EQUITABLE DISTRIBUTION: A. Real Estate (1). Marital Residence: The parties acknowledge that during their marriage they held, as tenants by the entireties, the fee simple 3 interest in the marital residence located at 608 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania. The parties further acknowledge that Wife has had Husband's name removed as mortgagor and has assumed liability in her sole name for refinancing on the property through a prime equity line of credit with Wachovia Bank as of October 131, 2002. Husband shall sign a deed transferring all his right, title and interest in the marital residence to Wife as her sole property within five days of the execution date of this Agreement. In the event Husband fails to sign the deed to the marital residence within five days, Husband shall reimburse Wife for one-half of the real estate 2003-2004 taxes on the property in the amount of $800.00 (total tax amount of $1600.25). This payment shall be in addition to the other remedies for breach provided in this Agreement (2). Poconos Property: The parties acknowledge that during the/r marriage they held a two-thirds interest, along with Clifton Smith who owns the remaining one-third interest, in Lot Number 1089, Section V Towamensing Trails Development, Penn Forest Township, Carbon County, Pennsylvania. Wife shall sign a deed transferring all her right, title and in~Ierest in the Poconos property to Husband within five days of receipt of the deed prepared by Husband's counsel. Husband shall assume total responsibility for all costs, encumbrances, liens and taxes associated with the two thirds interest in the Poconos property and shall indemnify and hold Wife and her property harmless fi.om any and all such debts, obligations and liabilities. B. Household and Personal Property Except as otherwise set forth in this Agreement, the parties agree that their household and personal property has been divided to their mutual satisfaction. The parties agree that each shall retain ali personal property in his or her respective possessions and waive all rights as to personal property in the possession of the other party as of the execution date of this Agreement. Each of the parties hereby specifically releases any claims he or she may have with respect to any of the foregoing personal property which shall become the sole and separate property of the other from the execution date of this Agreement. C. Motor Vehicles (1). The parties agree that Wife Shall retain possession of and receive as her sole and separate property the 1995 Buick Regal which she drives, along with all righis under any insurance policy thereon. Wife shall assume total responsibility for payment of any loans or insurance premiums associated with the 1995 Buick Regal. (2). The parties agree that Husband shall retain possession of and receive as his sole and separate property the 1990 Chevrolet Van and the 1995 Jeep Grand Cherokee which he drives along with all rights under any insurance policy thereon. Husband shall assume total responsibility for payment of any loans or insurance premiums associated with those vehicles. D. Pensions and Retirement Benefits (1). Wife shall retain as her sole and separate property, free from any right, title, claim or interest of Husband, Wife's Automatic 5 Bowling Center Employee Pension Plan (approximate balance of $6,175.00 as of 1/03), and Wife's First Union Wachovia IRA (approximate balance of $1,253.37 as of 9/30/02). (2). Husband shall retain as his sole and separate property, flee from any fight, title, claim or interest of Wife, Husband's United States Postal Service Pension (approximate marital portion value of $131,589.00 as of 1/2/03), Husband's Thrift Savings Plan (approximate balance of $ 7958.00 as of 4/30/02) and Husband's First Union Wachovia IRA (approximate balance of $1093.00 as of 10/1/02). E. Life Insurance (1.) Husband shall transfer all his rights and interest in Husband's New York Life Insurance policy #60193836 to Wife within fifteen days of the execution date of this Agreement. The parties acknowledge that the net cash value of the policy was $ 51,865.00 as of May 9, 2003 and that the value., of the policy since that date may have fluctuated. Upon transfer, the New York Life Insurance policy insuring the life of Husband shall be Wife's sole and separate property, free from any right, title, claim or interest of Husband and Wife shall be entitled to designate herself or others as the policy beneficiary. (2.) Wife shall retain as her sole and separate property, free from any fight, title, claim or interest of Husband, Wife's New York Life Insurance policy #46386418 which had a net cash value of $1,859.15 as of November 27, 2002. 6 F. Miscellaneous Property (1.) Cemetery Interment Rights and Services' The parties acknowledge that during their marriage they purchased two burial plots, caskets and a memorial stone from Rolling Green Cemetery Company. Wife shall retain as her sole and separate property the two cemetery plots located in Rolling Green Memor/al Park and any graveside services associated with the plots. Husband shall retain as his sole and separate property the caskets and memorial stone. (2). Outdoor World Timeshare: Husband shall retain as his sole and separate property, all rights and obligations associated with the Outdoor World timeshare purchased from Resorts USA Inc., during the parties' marriage. 5. DISTRIBUTION OF LIABILITIES: A. Ongoing Liabilities Each party assumes the debts, encumbrances, taxes, and liens on all the property he or she will hold subsequem to the execution date of this Agreement. B. Past / Future Liabilities Each party represents and warrants to the other that she or he has not incurred and will not at anytime in the future incur, any debt, obligation, or other liability on which the other party is or may be liable. A liability not disclosed in tki,,s Agreement will be the sole responsibility of the party who has incurred or incurs it, and that party agrees to pay it, and to indemrdfy and hold the other party and her or his property harmless fi'om any and all such debts, obligations and liabilities. 7 C. 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 indemn/fy her and her property against any damages or loss resulting therefom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. D. 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. ALIMONY : Husband shall pay to Wife by direct deposit to Wife's designated account, the sum of $200.00 as alimony, on or before the first day of each month, for a period of 120 months commencing June 1, 2004, and terminating on May 1, 2014, with the last payment to be made on May 1, 2014. The alimony payments set forth in this Agreement shall not terminate upon Wife's reman/age or cohabitation and the parties acknowledge that Wife is cohabiting at the time of the execution of this Agreement. Husband agrees that his estate shall be bound to perform the obligations set forth in this provision or his estate shall be obligated to pay to wife a lump sum equivalent to the net after tax dollars reduced to a then present value calculation as of the date of Husband's death in an amount sufficient to cover Husband's remaining 8 obligations at Wife's option. The parties agree that the a/[imony provisions contained in this Agreement may be enforced by an action in accordance with the provisions of the Pennsylvania Divorce Code, as amended 23 Pa. CSA Section 3101 et seq. In the event of breach of this provision by Husband, Husband agrees ~Io pay interest on the unpaid alimony mount at the prevailing legal rate and all of the legal fees and costs incurred by Wife in enforcing her rights to alimony under this provision, in addition to any other remedies which may be awarded by the Court. 7. TAXES: A. Past Liability / Notice Wife and Husband warrant that they have paid all taxes on prior returns through the calendar year ending December 31, 2003; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. Husband shall give Wife notice of any deficiency assessment and Wife shall give Husband notice of any deficiency assessment of which they individually or collectively become aware. The parties agree that should it ultimately be determined that any deficiency and/or penalty exists with respect to any jointly filed returns, the party responsible for the erroneous preparation and/or non-disclosure of information which has resulted in the deficiency and/or penalty, shall be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. If deficiencies or penalties become due as a result of individually filed returns, the party who filed the return shall be solely responsible for all sums due, amd shall indemnify and hold harmless the other party for any payment thereon. 9 B. Refunds (1) 2001 Tax ?ear: The parties aclmowledge that they have filed an amended 2001 joint federal income tax remm and received a refund check in the amount of $779..24, which shall be distributed as follows. Husband shall be reimbursed for payment of the tax preparation fee in the amount of $65.00 and the remaining balance of $707.24 shall be distributed equally between the parties with Wife receiving a total of $353.62 and Husband receiving a total of $418.62 ($353.62 + $65.00 reimbursement). (2) 2002 Tax year: The parties acknowledge that they have filed an amended 2002 joint federal income tax return and received a refund check in the amount of $2298;.48 in addition to the $300.00 refund wh/ch Wife previously received from an initial separate filing. The parties agree to distribute the refund check in the amount of $2298.48 as follows. Husband shall receive $1299.48 and Wife shall receive $999.00. In addition, Wife shall retain the $300.00 refund which she previously received. (3) 2003 Tax year: The parties acknowledge that they have filed an amended 2003 joint federal income tax return and expect a refund check in the amount of $1154.00 in addition to the $811.00 refund which Wife previously received from an initial separate filing. The parties agree to distribute the retired check in the amount of $1154.00 as follows. Husband shall receive $982.50 and Wife shall receive $171.50. h~ addition, Wife shall retain the $811.00 refund which she previously received. (4) Expenses: Except as provided in paragraph B(1) for Husband to receive reimbursement for tax return preparation costs, each party shall be responsible for all tax preparation expenses incurred by him or her. 8. 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 ,ar desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with this provision, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 9. WAIVER OF INHERITANCE RIGHTS: Unless otherwise specifically provided in this Agreement, effective upon the execution date, Wife and Husband waive ali fights of inheritance in the estate of the other, any fight to elect to take against the Will or any trust of the other or in which the other has an interest. Each party waives any additional fights which that party has or may have by reason of their marriage, except the fights 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 ()fall rights provided under the laws of Pennsylvania, or any other jufisdiction, and shall include all fights under the Pennsylvania Divorce Code. 10. WAIVER OF BENEFICIARY DESIGNATION: Unless otherwise specifically set forth in this Agreement, each party specifically waives all beneficiary fights 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, and each party expressly states that it is her and his intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be 11 the estate of the deceased party. However, in the event that either party specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party fi.om qualifying as such beneficiary. 11. RELEASE OF CLAIMS: Wife and Husband agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to the Pennsylvania Divorce Code, and Wife and Husband waive any right to division of their property except as provided for in this Agreement. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and her or his heirs, executors, administrators, assigns, property and estate from any and ail 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 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 fight to treat a lifetime conveyance by the other as testamentary or all other fights 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. Except for the obligations of the parties contained in this Agreement and such fights as are expressly reserved herein, each party gives te the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, fights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. WAIVER OF PROCEDURAL RIGHTS: This Agreement constitutes an equitable division of the parties' marital property. The p~ies have determined that the division of this property conforms with regard to the righ'Is of each party. The division of existing marital property is not intended by the parties 'ko constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of 12 outside funds or other property not constituting the marital estate. Both parties hereby waive the following procedural rights: · The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code · The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code · The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital · The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, or any possible claims not addressed in this Agreement 13. PRESERVATION OF RECORDS: Each pm-ty will keep and preserve for a period of four (4) years from the date of their divorce decree all £mancial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. MODIFICATION / BREACH: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties. If either party breaches any provision of this Agreement, the other party shall have the right, to sue for damages for such breach, or seek such other remedies or relief as may be available to her or him. 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. 13 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 of any provision of this Agreement. 17. 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. 18..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 execntion date. 19..EFFECT OF RECONCILIATION, COHABITATION OR DIVOR~:F;: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a 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' divome. There shall be no modification or waiver of any of the terms unless made in writing by the parties. 20..HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs 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. 21..AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 14 22. ENTIRE AGREEMENT: Each party acknowledges that she or he has carefully read this Agreement, that she or he has discussed its provisions with an attorney of her or his own choice and has executed it voluntarily. 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. 23..AGREEMENT TO BE INCORPORATED BUT NOT MERGED. This Agreement shall be incorporated in 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 Pennsylvania Divorce Code, 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. STEVEN SMITH, Husband COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. BEFORE ME, the undersigned author/W, on this day personally appeared BETTY SMITH, 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 considerations therein expressed. i¢~ GIV~ UNDER MY HAND AND SEAL OF OFFICE this dayof .._) tJh-¢__~ ,2004. _COMMONWEALTH OF PENNSYLVANIA [ Notarial Seal I L '"' "~"" [ =~an c-xplra~ Nov. 22, 2007 ,%',;,,-~,6,, Pennsylvania Association Of Notafleej Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. BEFORE ME, the undersigned author/W, on this day personally appeared STEVEN SMITH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN ~R .MY HAND AND SEAL OF OFFICE th~s _ // ~ day of ~~ ,2004. r~otary Puh~ NOTARIALSEAL NDI L LENKER, NOTARY pUBLIC KA ' RO cuMBERLANDCOUNT'( 16 39 West Main Street, 8re. 1 Mechanicsburg, PA 17055-6230 WILLIAM L. SUNDAY DAWN S. SUNDAY Attorneys - at - Law Phone (717) 765-9622 Phone (717) 766-9698 Fox (717) 795-7280 STEVEN M. SMITH, Plaintiff VS. BETTY SMITH, Defendant IN THE COIYRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 5003 CIVIL TERM IN DIVORCE .ATTORNEY'S ACCEPTANCE OF SERVICE I, DAWN S. SUNDAY, ESQUIRE, ATTORNEY FOR DEFENDANT, BETTY SMITH, IN THE ABOVE CAPTIONED ACTION, HEREBY ACCEPT SERVICE OF THE DIVORCE COMPLAINT IN THE ABOVE ACTION ON OCTOBER 16, 2002, ON DEFENDANT'S BEHALF AND HEREBY ACKNOWEDGE THAT I AM AUTHORIZED TO DO SO. Dawn S. Sunday, Esquire 39 West Main Street, Suite 1 Mechanicsburg, PA 17055 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA STEVEN M. SMITH, VS. BETTY SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 5003 CIVIL TERM : : IN DIVORCE PRAI=CIP[~ TO TRANSMIT RI=CORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divome: irretrievable breakdown under Section 3301(c) ~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Dawn Sunday, Esquire on behalf of Betty Smith and filed with Prothonotary July 6, 2004 (copy attached) 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 the Plaintiff June 11, 2004 and by the Defendant June 16, 2004. Related claims pending: None: The term.~ of the Property. Seffl~.m~,.nt nqd Separation Agreement of June 11. 2004 are incorporated DlJt not merged int,, the Decree in Divorce Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: June 25, 2004. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: June 25y,-201~ - ~ Suprem,~, CoUrt ID~4693 Saidis, Shuff, LEle~er & Lindsay 26 West High Street Cadisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff IN THE COURT OF COM[MON PLEAS STEVEN M. SMITH PLAINTIFF VERSUS BETTY SMITH DEFENDANT OF CUMBERLAND COUNTY STATE Of .~. PENNA. N O. 2002-5003 DECREE IN DIVORCE AND NOW, X/~./~-~/ I DECREED THAT Steven M. Smith AN D Betty Smith IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; None: The terms of the marital settlement agreement of June 11, 2004 are inc~orporated but not merged into the De~reii/~~//~ BY THE COURT' ATTEST: /~ o.~v v. ~.~ J. ~~ ~rOTHONOTARY