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HomeMy WebLinkAbout01-5789HOWARD BROWN, JR. Plaintiff VS. KIMBERLY KRUGER BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. O/~.,.q'?o°p CML TERM CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIMS 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 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, CUmberland County Courthouse, One Courthouse Square, 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 Lawyer Referral Service 2 Liberty Street Carlisle, Pennsylvania 17013 (717) 249-3166 HOWARD BROWN, JR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA : vs. : NO. O1~ .~'q?~ CIVIL TERM : KIMBERLY KRUGER BROWN : Defendant : CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSIZLING TO THE WITHIN NAMRI~ DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with ~3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Courthouse, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. HOWARD BROWN, JR. Plaintiff VS. KIMBERLY KRUGER BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. O1-- ,.q'%o~, CIVIL TERM CIVIL ACTION-LAW DIVORCE COMPLAINT 1. Plaintiff is Howard Brown, Jr. who currently resides at 146 Clouser Road, Meehanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Kimberly Kruger Brown, who currently resides at 146 Clouser Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Howard Brown, Jr. has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 6, 1997, at Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 7. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court to require the parties to participate in counseling. Date: Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Aborn & Kutuloala's, LL.P. Ja~5~ P. KutuWa~s, Esquire Att&ney I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plainl~ff VERIFICATION I, Howard Brown, Jr., hereby verify that the facts set forth in the foregoing Divorce Complaint 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 unswom falsification to authorities. Date: (4 IT0 , 2001 CERTIFICATE OF SERVICE I, Jason P. Kutulakis, Esquire, hereby certify that on thisday of October, 2001, a tree and correct copy of the within DIVORCE COMPI_,AINTwas served upon Defendant by United States Mail, First Class, postage pre-paid, addressed as follows: Kimberly Kruger Brown 146 Clouser Road Mechanicsburg, PA 17055 I I()\X',,\R1) Plainti 1<1 MB I :J~l ?f I<:Rt i (, [ ,R I~,P,( I )c f-cndant IN TIIIL (X)URT ()l: (X)MM()N CU MBILR] ,AND (X)L NT'?, Pt:,NN/\ N(). Ol 5789 CIVII,TI';RM CIVIl. ACI'ION AFFIDAVIT OF SERVICE 1, .Jason P. Kutulakis, lncrcby ccrti£y that I served a tree and correct copy o£ thc Complaint klndcr Section 3301(c) of thc Divorce Code, upon the Defendant, receipt which is aclmowlcdgcd on thc attaclncd rcccipt card. I)atc: October =.~, 201)~1 Rcspect£ully submitted, Aborn & Kuttdakis, LL.P. ]a~on P. Kutulakis, Esquire 'i\ktorney l.I). No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 [ · C, empleteltema 1.2, and 3: Also complete itm'0 4 if Re~Tfcted Delivery is desired. · Print your nama and adclmss on the reverse so that we can return the card to you. · ~ this card to the back of the mailplece, or~l~[~the front if space p~rn~ t 1/,~ ~' X Received by (Piea~ Print Cieeriy) B. Date of Dellv, SOCI^L SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. [4304.1(a)(3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBERS PLEASE FIIJ. IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: 2/4/2002 DOCKF, T NUMBER: 01-5789 PLAINTIFF/PETITIONER SS # 201-62-5812 NAMF,: Howard Brown, Jr. DEFENDANT/RESPONDENT SS # 207-54-6490 NAME: Kimberly Kruger Brown HOWARD BROWN, JR. Plaintiff VS. KIMBERLY KRUGER BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 01-5789 CIVIL TERM CIVIL ACTION-LAW MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~day of January, 2OO2 between Howard Brown, Jr., (hereinafter referred t'- ' 'o as HUSBAND), and Kimberly Kruger Brown, (hereinafter referred to as WIFE). WITNESSETH: WHERAS, Husband and Wife were lawfully married on September 6, 1997, in Harrisburg, Dauphin County, Pennsylvania: and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous offsetting their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; The settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been informed that he has the right to independent legal counsel and has chosen not to be represented by legal counsel and that Husband is represented by Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apad from the other pady at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any pad thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or cudesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to padicipate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future suppod, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the martial relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, iter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 19. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her last will and testament; and each of the parties further convenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other pady's estate. Each of the parties hereto further convenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior fo entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit- sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. .EC~UITABLE DISTRIBUTION OF MARITAL PROPERTY. 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 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 further 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 martial 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 the property is to become effective. The division of existing marital propedy is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting martial property. The division of properly under this Agreement shall be in full satisfaction of all marital rights of the parties. MOTOR VEHICLES. The parties agree that Husband shall have full and sole possession of the 1989 S-10 Chevrolet pickup truck, and Wife shall become full and sole owner of the 1997 S-10 Chevrolet Blazer. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other pady from any and all liability therefor, Wife shall retain the purchased 1997 S-10 Chevrolet Blazer and shall assume and indemnify Husband from all responsibility for the purchase on that vehicle. Husband shall cooperate in all respects to transfer the registration for the said vehicle to Wife's name, and he shall execute any necessary documents to facilitate a trade-in of that vehicle by Wife at any time in the future. Husband waives any right or interest he may have in the purchase. B. 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, and this Agreement shall have the effect of an assignment or bill of sale from each pady to the other from such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither pady shall make any claim to any such items of marital property, or of the separate person property of each party, which are now in the possession and/or under the control of the other. Should it become 1.) WIFE'S REAL PROPERTY: The parties acknowledge that Wife has purchased a property situate at 1550 Parkway West, Harrisburg, Dauphin County, Pennsylvania. Contemporaneously with the execution of this Agreement, if necessary Husband shall execute and deliver to Wife a Deed transferring sole and absolute ownership, right, title and interest in and to the said premises to Wife. Husband hereby releases and relinquishes any claim he may now or hereafter have tot he said property. From the date of this Agreement, Wife shall assume as her sole obligation all of the expenses incident to the use and ownership of the said property at 1550 Parkway West, Harrisburg, Dauphin County, Pennsylvania , including, without limitation, any and all mortgage payments, taxes, liability and fire insurance, utilities, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements, and further convenants and agrees to indemnify and hold husband harmless from any such liabilities, obligation or expenses or any claims or demands as a result thereof. Further, Wife expressly agrees to assume the sole responsibility for any recording fees, costs, or expense incident to the transfer of the said marital home to Wife by Husband. The parties acknowledge that Wife shall have the sole right to claim any available tax deductions associated with the said residence 1550 Parkway West, Harrisburg, Dauphin County, Pennsylvania, for any time subsequent to the date of execution of this Agreement. 2.) HUSBAND'S REAL PROPERTY: The parties acknowledge that Husband is partner is the family farm known as Mountaineer Farms located in Cumberland County, Pennsylvania. Contemporaneously with the execution of this Agreement, if necessary Wife shall execute and deliver to Husband a Deed or other documentation transferring sole and absolute ownership, right, title and interest in and to the said premises to Wife. Wife hereby releases and relinquishes any claim she may now or hereafter have to the said property. From the date of this Agreement, Husband shall assume as his partnership obligation all of the expenses incident to the use and ownership of the said property known as Mountaineer Farms, located in Cumberland County, Pennsylvania, including, without limitation, any and all mortgage payments, taxes, liability and fire insurance, utilities, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements, and further covenants and agrees to indemnity and hold Wife harmless from any such liabilities, obligation or expenses or any claims or demands as a result thereof. Further, Husband expressly agrees to assume the sole responsibility for any recording fees, costs, or expense incident to the transfer of the said Mountaineer Farms to Husband by Wife. The parties acknowledge that Husband shall have the sole right to claim any available tax deductions associated with the said residence Mountaineer Farms, located in Cumberland County, Pennsylvania, for any time subsequent to the date of execution of this Agreement. 8. 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. 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 she shall indemnify and save Husband harmless from any and all claims or demands made against his by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Husband hereby assumes and shall be solely responsible and liable for the payment of the following obligations: a. Mountaineer Farms (within the scope and terms of his partnership) b. VISA: First USA Account #: 4417-1200-1231-5904 c. VISA: Bank Card Services #: 4313-0270-7200-8771 Husband shall immediately upon execution of this Agreement take such steps as are necessary to transfer ownership of the said accounts and obligation to his name solely, obtaining a full, complete and general release of Wife from the said creditors. In the event that the creditors refuse for any reason to transfer the charge accounts to Husband's name absolutely and to release Wife from any liability thereon, such accounts shall be immediately closed. Wife hereby assumes and shall be solely responsible and liable for the payment of the following obligations: a. 1550 Parkway West, Harrisburg, Dauphin County, Pennsylvania b. Loan on the 1997 S-10 Blazer at Waypoint Bank, Acct.#: 88551011017 On or before March 21,2002, Wife take such steps as are necessary to transfer ownership of the said accounts and obligation to his name solely, obtaining a full, complete and general release of Husband from the said creditors. In the event that the creditors refuse for any reason to transfer the charge accounts fo Wife's name absolutely and to release Husband from any liability thereon, such accounts shall be immediately closed. 9. INCOME TAX INDEMIFICATION. The parties acknowledge that they have filed various joint state and federal income tax returns during the course of their marriage. Husband acknowledges and agrees that he has been in sole possession and control of all records and information relating to the income and deductions applicable fo his law practice and other business ventures. Husband represents and warrants that all payments of taxes, penalties or interest shown as due on the said joint returns have been paid in full. Husband shall indemnify and save Wife harmless from any taxes, penalties, interest, counsel fees, auditor's fees or accountant's fees which may hereafter be assessed or incurred in connection with any of the joint tax returns previously filed by the parties. 10. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 11. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Both parties accept the provisions of their Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lit, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 12. DIVORCE: A Complaint in divorce has been filed to No.01-5789 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either pady 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 fo 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. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant fo the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties fo each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 14. RECONCILIATION. Notwithstanding reconciliation 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. INCORPORATION IN FINAL DIVORCE DECREF. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision 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 fo 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 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. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the padies if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 17. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 21. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 22. 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, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. 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 padies. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicative, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: COMMONWEALTH OF PENNSYLVANIA · : SS. COUNTY OF On this,-)~/Jx, day of January, 2002, before me, the undersigned officer, personally appeared Howard Brown, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he/she executed the same for the purposes therein contained. NOTARIAL SEAL COMMONWEALTH OF PENNSYLVANIA · P,0Br:BT ~. GOLD, HoIay Pubtlc : SS. Hamix~n Tie. Cumbaland County COUNTY OF '-~Q.c~J~[ ~ : My Commission Expires July 10, 2003 On this ~day of January, 2002, before me, the undersigned officer, personally appeared Kimberly K. Brown, known to me (or satisfactorily proven) to be the person whose name is subscribed fo the within Agreement, and acknowledged that he/she executed the same for the purposes therein contained· ct) 8 SOUTH HANOVER ST., SUITE 204 CAI~ISLE, PA 17013 (717) 349-0900' Fax (717) 249-3344 ~ .A~B OM ~ I~LITLI_LAKIS ATTORNEYS AT LAW ~ 106WALNUT ST. Hm~tSBURG,~A17101 (717) 232-9511 HOWARD BROWN, JR. Plaintiff VS. KIMBERLY KRUGER BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 01-5789 CIVIL TERM CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 1. A Complaint in divorce under [3301(c) of the Divorce Code was f'fled on October 11, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of f'fling 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 unswom falsification to authorities. Plaintiff HOWARD BROWN, JR. Plaintiff VS. KIMBERLY KRUGER BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 01-5789 CIVIL TERM CIVIL ACTION-LAW 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 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: HOWARD BROWN, JR. Plaintiff VS. KIMBERLY KRUGER BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 01-5'/89 CIVIL TERM CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3501(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 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. Ki~berly Krug~ Brown HOWARD BROWN, JR. Plaintiff VS. KIMBERLY KRUGER BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBE~D couNTY, PENNA NO. 01-5789 CIVIL TERM CIVIL ACTION-LAW AFFIDAVIT OF CONSENT A Complaint in divorce under [3301 (c) of the Divorce Code was filed on October 11, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 unswom falsification to auth°rities' ~hyzt)'t~ Defendant HOWARD BROWN, JR. Plaintiff VS. KIMt3ERLY KRUGER BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 01-5789 CIVIL TERM CIVIL ACTION-LAW pRAECIPE TO TRANSMIT THE RECORD To 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 §(3301(c)) (3301(d) (1)) of the Divorce Code 2. Date and manner of service of the complaint: Certified US Mail, Return Receipt Requested 10/15/2001. 3. (Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by §3301{c) of the Divorce Code: by plaintiff 1/9/02 ; by defendant 1/10/02 4. Related claims pending: NONE 5. Complete either paragraph (a) or (b): (b) Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 2/6/02 Date Defendant's waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 2/6/02 Date: February 6, 2002 Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Suite 204 8 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff Howard Brown, IN THE cOURT OF COMMON PLEAS OF cuMBERLAND cOUNTY sTATE OF ~ pENNA. Jr. ~ VERSUS Kimberl K. Brown Defendant DECREE IN DivoRCE AND NOW, J~~ _, pLAINTIFF, DECREED THAT'' DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY' AND it is further orcle~ed that the terms of the marital settlemeat agreement, dated January 29, 2002, arehereb inco orated, butaotmer d with this Dectee. cLAIMS wHICH HAVE THE couRT RETAINS j~J~Ri~IcTION OF ~- FOLLOWING oRDER HAS NOT BEEN RAISED OF RECORD IN THIS ACTION FOR wHICH A FINAL yET BEEN ENTERED;