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HomeMy WebLinkAbout07-0620John W. Purcell, Jr. I . D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell(a~pkh.com RYAN F. CHANCE, Plaintiff vs. DONNA R. CHANCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~ - (o.Z~ IN DIVORCE CIVIL ACTION -LAW C~~:L7~..-, NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counse{ing. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 245-8787 RYAN F. CHANCE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA DONNA R. CHANCE, IN DIVORCE Defendant :CIVIL ACTION -LAW COMPLAINT IN DIVORCE AND NOW COMES Plaintiff, Ryan F. Chance, by his attorneys, Purcell, Krug & Haller, and avers as follows: DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Ryan F. Chance, an adult individual whose current address is 902 Hertzler Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Donna R. Chance, an adult individual whose current address is 2200 Merrimac Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 26, 1999, in Harrisburg, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Plaintiff avers that there are no children of the parties under the age of 18. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. The marriage is irretrievably broken and/or the Defendant has offered the Plaintiff, the injured and innocent spouse, such indignities as to render her condition intolerable and life burdensome. 10. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 11. Plaintiff requests the Court to enter a Decree in Divorce. 2 WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree. Respectfully submitted, PURCELL, KRUG & HALLER By uonn . Purce~lT,~Esquire I D #2 55 North Front Street Harrisburg, PA 17102 (717)234-4178 Date l' 3~ ~~ ~ 7 3 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. Dated:_ ~ - 3~- C?~ n F. Chance ~ ~ '~6c~ ~~ O ~- ~` w ~ 4 V "'~ C? C° ~ i- i ti (l r _. .: _ _. _~: r_-, r_R (... .~~ ti: ~~ --~ -~ Ti ~ `~ ~-- 'TJ _' 1 ~ r, Ti -r,. r ~_ t~a~n "--'~c L John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com RYAN F. CHANCE, Plaintiff vs. DONNA R. CHANCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-00620 IN DIVORCE CIVIL ACTION -LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF DAUPHIN I, Carol Masich, Legal Assistant to John W. Purcell, Jr., Attorney for the Plaintiff, in the above action, hereby swear and affirm that on the 5t'' day of February, 2007, I sent, by certified mail, return receipt requested, deliver to addressee only, a certified copy of the Complaint in Divorce, containing Notice to Defend and Claim Rights to Donna Chance, the Defendant in the above action. The return receipt, duly signed by the Defendant is attached hereto and made a part hereof as Exhibit "A". C~,a°.,v~ ~~~~ Carol Masich Legal Assistant to John W. Purcell, Jr. Sworn and subscri}~ed to be a me this day o , ~7. --~'; ,,, Notary Public COMMONWEALTH OF P ENNSYLVgNIq Notarial Seal Bonita E. Prussac!<, Nota Public My Co~ issionbu~~ Dauphin County Member, PennsylvaniFa gs~c~~on of'N~ nes • ~ ~; 7!'iaMl~ff 9~ `` "' #if~!!~Y~ . , t~ta'tr>trl~ a~`~dd~s<on mss # ~ ..: , y MICA we Can a+ei~rtk~'d!o Y+~ e. Ri1oM~Q « thw pghd to the t~wic +~ the rnuYpieloe. a' on the ~t~1t M t~1ge P C1: ie 0>tlrMr~;weld~s 'f9 t. Artbk~to: ~Y~C~.. ~_. ~~ p ffY166, in6w~'deiOr+IrY -_ . ~ er i ~ ' ~ ~~' v~ e ~ ~` , t ~^ ~ ., t ' o~.~~ 4. F~1r14~f~'arYYiE~J~Mi ~~ ~'"_~~_ ~ :_:-, ,; €=i 7~ d5 3113 0004 3212 9622 I M48 T-orrn 3811. 2ooa t~on+esdc serum t~so~pt ~~taw ; ti - ~ - ti ..n .. . ..• .-. ~ ~ ~ ~ ~ ~- Iv m Pos~ge $ p Certlfled Fee p Postmark p Retum Receipt Fee Here (Endorsement Required) n p ResMcted Delivery Fee ~' S `~ rl (Endorsement Required) ri Rl Total Postage 8 Fees V'I p o ~ --°-- saeef, Apt No.; or PO Box No. ~(~`C~ 11 ~~ (\'~~\\ 1~~~--~ ~~-------• SN:~~- `~' " ` ~~SUc~~~V~ _.. . .. -- e.~F-~l~ ~~~Lv.<~ C-1'~l 1 :~~ ~~ - Exhibit "A" c> '~`' tO m t~^..~..._.. M ~ ..T3 ?. .3 ~ ~~~ ,p~ •~ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~~day of JLEivUA~ , 2007, by and between Ryan Chance, hereinafter referred to as Husband, and Donna Chance, hereinafter referred to as Wife. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on ~' ~aG' ~~ and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on October 15, 2006, and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, John W. Purcell, Jr., and Wife by an attorney of her choosing, or voluntarily choosing not to have an attorney, have come to the agreement, which follows: SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 2 NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 3 5. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: A. Consumer (Business) Loan -Approx. Balance $27,650.07 B. Home Equity Loan - Approx Balance $11,138.90 C. Discover D. Charles Schwab E. Bank of America F. Wal-Mart G. Staples H. Kohls I. JC Penneys J. Sears K. Boscovs L. Home Depot With regard to all of the above referenced debts, to the extent of all balances as of the date of separation, the parties agree that they will each be responsible for one-half of each debt such that all the debt is paid equally by the parties. The parties may do so by apportioning the various accounts between each other and assuming responsibility for their so apportioned debts, or by paying them off out of marital assets, whichever they shall choose. Wife shall obtain a refinancing of the debt encumbering the marital home (A and B above) in order to repay her portion of the debts to Husband and/or the creditors within a SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 4 reasonable time not to exceed 60 days. Husband shall remain a title owner of the marital home until such time as the debt has been refinanced In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6. Equitable Distribution of Marital Propertx. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and second marriage for Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division of being effected without SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 5 the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 6 will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any 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. B. Distribution of Real Estate. Husband shall transfer to Wife concurrent with the execution of this Agreement, or within a reasonable time thereafter pursuant to paragraph 5, all of his interest in and title to their jointly owned real estate at 2200 Merrimac Avenue, Mechanicsburg, Pennsylvania 17055, in exchange for which Wife shall be solely responsible for payment of all current and future taxes, insurance and utility bills relative to said real estate. Wife shall pay and discharge said obligations on said premises, and shall indemnify Husband from any loss by reason of her default in the payment thereof, and shall save Husband harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against him by virtue of her default. 7. Vehicles. Notwithstanding Paragraph 6 of this Agreement, Husband shall retain possession and ownership of the 2001 Ford Sport Trac and the 1997 Chevrolet Venture Mini-van presently in his possession. Wife hereby transfers all of her right, title and interest in said vehicle to Husband. In consideration thereof, Husband shall assume full SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 7 responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Wife harmless for the same. Wife shall sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Husband for any costs, including actual counsel fees, incurred by Husband to enforce this provision. Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and ownership of the 1996 Honda Accord presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. In consideration thereof, Wife shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same. Husband shall sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. 8. Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony, (except as set forth herein). Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony, modification or extension of same, brought by or on behalf of the other and the results of such action, such indemnity to include the actual counsel fees of the defendant in any such future action. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 8 9. Business. The parties are presently the sole owners of a corporation known as Park Lane Galleries Associates Inc (hereinafter Corporation) trading as Park Lane Galleries /Greenwich Village Art Center, located in Camp Hill, Pennsylvania. Wife shall retain all shares in the Corporation, and Husband shall transfer all of his shares to Wife, and shall resign as an officer of the Corporation. In consideration for his shares, the parties will divide the business assets of a corporation in a mutually agreeable manner, as equally as possible, with Wife retaining, for the most part, all of the inventory, supplies and business assets related to the art side of the business, with Husband retaining all of the inventory, supplies and business assets relating to the framing side of the business. Wife shall retain, but shall share with Husband, all appropriate business customer lists, contacts, publisher information and other business information as each may require for the continuation of any subsequent framing business husband may start up. The parties shall not be entitled to any exclusive retention of such customer list or business contact information. Each party shall be free to maintain their respective careers within the art and framing industry without any claim against each other for any issues relating to non-competition. The Corporation shall retain the business telephone numbers, subject to husband having the right of first refusal with regard to any framing jobs, both residential and commercial, for a period of one year, and thereafter if the parties agree. Corporation shall retain or use the names "Park Lane Galleries" and/or "Greenwich Village Art Center". Husband may use a similar name, such as Park Lane Galleries II, without the consent of Wife or the Corporation. Husband shall continue as an unpaid employee of the Corporation, entitled only to benefits such as health insurance, and other remunerations as agreed to from time to time between SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 9 the parties. Husband shall be responsible to repay Corporation on a monthly basis for his share of any health insurance premiums paid on his behalf by Corporation. All outstanding debts of the corporation shall be paid in full out of Corporate funds as of January 30, 2007, after which Husband shall have no further liability on account of any debt, past or present, of the Corporation or business, and Wife agrees to indemnify, defend and hold Husband harmless on account of the same. The 1989 Ford van shall be sold and the proceeds used to pay off business debts, with the balance distributed equally between the parties. The parties shall cooperate in notification to the existing customers and suppliers, all of who shall be paid in full, with all outstanding liabilities remaining the joint obligation of the parties until the same are paid in full. The parties shall cooperate to pursue mutually agreeable courses of business conduct for the business continuation of their respective portions of the business. 10. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony Pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony Pendente lite, counsel fees and/or expenses. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 10 11. Prior Tax Returns. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage.. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, counsel fees, accountant's fees, costs and expenses. 12. Divorce. A Complaint in Divorce will be filed by Husband in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 13. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support and other such obligations, including alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301(c) or 3301 (d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 11 enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 14. Reconciliation. Notwithstanding areconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 15. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, civil or criminal, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 16. Waivers of Claims Against Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 12 other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Each further waives any right to inherit or receive property or act as the personal representative of the estate of the other by Will, Codicil, intestacy, or insurance policy, unless such Will, Codicil, or insurance policy (designation of beneficiary) is dated subsequent to the effective date of this Agreement. 17. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 18. Breach. In the event of breach of any of the terms of this Agreement, the non-breaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 19. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 13 shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 20. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 22. Entire Agreement. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants and 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 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 14 other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502(d) of the Divorce code or any other laws. 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 right to seek court relief for the purpose of enforcing the provisions of this Agreement. 23. Modification and Waiver. A 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be construed in accordance with the Laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement and, where such law is inconsistent, the terms of this instrument shall govern. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Page 15 25. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, **[or the right to counsel and legal explanation is known and .voluntarily waived,]** and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. Each party further acknowledges that each has conducted his own independent investigation into the existence of the other's assets and liabilities and is not depending upon any representations made by the other party in agreeing to the terms hereof. 26. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. Agreement Binding on Heirs. 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 hereto have hereunto set their hands and seals the day and year first above written. WITNESS: Ry Chance ~x~~~~ ~~1 GZ-n G-~ Donna Chance ~ ~~ <-, C7 ,,.. ~ -n -~ ~ ~ _ '~_ ~~' j .. ~ ~~7 y ^r'~: w~ ('' ~, . ~ ~ _ "['+ .. ~~ ~~~ ~~ ~_:"_{ -. C~j'~ RYAN F. CHANCE, vs. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA NO. 00620 - 2007 DONNA R. CHANCE, Defendant IN DIVORCE CIVIL ACTION -LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on Fehrttar~ 1 , Z 007 2. 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 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. § 4904 relating to unsworn falsification to authorities. Date: May 14, 2007 ~ ~~ Ry F. Chance 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. 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 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: May 14 , 2007 Ry F. Chance .. ~; nwMta^~.....y ~ G=~ ~ -~ _ -fir 9~ f `_ -> : r: .y„ , ; ^ ~ ."„ ~"s RYAN F. CHANCE, vs. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA DONNA R. CHANCE, Defendant NO. 00620 - 2007 IN DIVORCE CIVIL ACTION -LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on rebruary 1, 2007 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: May 14, 2007 ~~~~" ~~ Ch~,~~ Donna R. Chance 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. 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 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: May 14, 2007 `~ `~(/y'Vi`-C~ Q. C~~ ~G'~-'' Donna R. Chance C~ ~ c~ C. _ ~ -rt " ' ~ -~ t . T3s ~ nor _, - -~, ` ~-; ~ ~; ~, ~n .. --r3 _ `..~ _ ~ ~ ~ -'~+ . RYAN F. CHANCE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00620-2007 CIVIL TERM DONNA R. CHANCE, :CIVIL ACTION-LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section (x) 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail February 10, 2007 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: by Defendant: May 14, 2007 May 14, 2007 (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: No economic claims have been raised. 5. (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 of Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: Filed contemporaneously herewith Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Filed contemporaneously -r~ ~~ .,~.. ~' _ fi - 1 :~ - Vii' ~^~.... ~ : wy.. 5 ~'~.f ~ 1 , C .r` ~ + ~ "Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF l " PENNA. ~ ~. RYAN F. CHANCE Plaintiff ~ N O. 00620 2007 VERSUS DONNA R. CHANCE Defendant DECREE IN DIVORCE ,~- /o~ s~A•M . AND NOW, ~ ~ ~ 2007 IT IS ORDERED AND DECREED THAT RYAN F. CHANCE PLAINTIFF, AND DONNA R. CHANCE 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 terms of the Separation and Property Settlement Agreement between the parties, dated January 30, 2007, is hereby incorporated as if set forth at length but THE ATTEST: ~ ~ n J. PROTHO ARY ~s ~ ~ ~ .~ 'em'u, c o ~ f ,°1