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HomeMy WebLinkAbout03-0794IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBEKAH SEAUX, Docket No. Plaintiff JASON SEAUX, Defendant FAMI1,y DIVISION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and f'ded in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in Court without further notice. You may lose money, property or other rights important to you. 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. CUMBERI,AND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOT C A Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisdao que si usted no se defiende, la corte tomara medidas y puede entrar una orde contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: 15arrell C. Dethlefs, Esquire Attorney I.D. 58805 3805 Market Street Camp Hill, PA 17001 (717) 975-9446 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBEKAH SEAUX, Plaintiff V. JASON SEAUX, Docket No. C~ .,~ -, '7 c~ q FAMII.Y DIVISION Defendant COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Rebekah Seaux, by and through her attorneys, Darrell C. Dethlefs, Esquire and respectfully sets forth the following Complaint in Divorce: 1. Plaintiff, Rebekah Seaux, is an adult individual residing in 10 Creek Road, Newville, Pennsylvania 17241. 2. Defendant, Jason Seaux, is an adult individual residing at 10 Creek Road, Newville, Pennsylvania 17241. 3. Plaintiff and Defendant are suijuris and have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant are husband and wife and were lawfully married on February 19, 1998. A certified copy of the marriage certificate is attached hereto and made a part hereof as Exhibit "A". 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 or any amendments thereto. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The parties have not entered into a written agreement as to support, custody, visitation of the children, alimony, or property division. COUNT I REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(2) AND (6) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition imolerable and life burdensome. 12. This action is not collusive, as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaimiffrespectfully requests that this Court enter a Decree of Divorce, pursuant to Section 3301(a)(2) and (6) of the Divorce Code. COUNT 1I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff'believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to Section 3301(c) of the Divorce Code. COUNT III REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff'respectfully request the Court to enter a Decree of Divorce, pursuant to Section 3301(d) of the Divorce Code, at the appropriate time. COUNT IV REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 19. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully request this Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. COUNT V REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 AND SECTION 3323 OF THE DIVORCE CODE 20. 21. 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. The public policy of this Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendants. 23. To extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaim, Plaimiff desires that such written agreement be approved by the Court and incorporated into any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time ora hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 and Section 3323 of the Divorce Code, the Court approve and incorporate such agreement into the final Divorce Decree. LAW OFFICE OF DARRELL C. DETHLEFS Darrell C.l~Dethlefs, Esquire 3805 Market Street Camp Hill, Pennsylvania 17011 Attorney Id. No.: 58805 Attorney for Plaintiff, Rebekah Seaux IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBEKAH SEAUX, Plaintiff V. JASON SEAUX, Defendant · Docket No. FAMII.Y DIVISION Verifica~fion I hereby verify that the statements off.act made in the foregoing Complaint are true and correct to the best of.my knowJedge, information, and belief. I understand that any f.alse statements therein are subject to the criminal penalties contained in 18 Pa.C.S.A.. {}4904, relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBEKAH SEAUX, Plaintiff · Docket Nol 03-794 FAMILY DMSION JASON SEAUX, Defendant PRAECIPE To the Prothonotary: Please withdraw Count I of the Plaintiff's Complaint. Date: LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs, Esquire 3805 Market Street Camp Hill, Pennsylvania 17011 Attorney Id. No.: 58805 Attorney for Plaintiff, Rebekah Seaux IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBEKAH SEAUX, Plaintiff V. JASON SEAUX, Defendant Docket No. 03-794 FAMILY DIVISION CERTIIqCATE OF SERVICE I, Darrell C. Dethlefs, Esquire, hereby certify that Defendant, Jason Seaux, was served with the Divorce Complaint in this matter by Certified Mail, Remm Receipt Requested on March 7, 2003. A copy of the green card, evidence of the same, is attached hereto and labeled Exhibit "A". I hereby verify that the statements of fact made in the foregoing are tree and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to criminal penalties contained in 18 Pa.S.C.S. Section 4909, relating to unswom falsification to authorities. Date: LAW O CE OF DARRELL C. DETHLEFS Darre~. Dethlefs, Esquire 3805 Market Street Camp Hill, Pennsylvania 17011 Attorney Id. No.: 58805 Attorney for Plaimiff, Rebekah Seaux O'""' Certified Fee j E3 netum Receipt Fee ,""1~ \ Ir" ' i_.I (Endorsement Requlrecl) J. r"-I Restdcted Delivery .Fee. ] r-'l (Endorsement Requlreo; , I --~,.~'~' ' ~ I so.~ro .--- I = ............................................. II n ~ JStmet, Apt. NO4 ~ ,, I I · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Art cie AddresSed to: I 0 Cree~ A. Received I: Clearly) B. Date of Delivery ~../.-~ [] Agent [] Addressee delivery address different from ~ .? [] Yes If YES, enter delivery address bel(~: [] No J 3. Service Type .~..~:..J~ Certified Mail [] Express Mail [] Registered J~Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 REBEKAH SEAUX, JASON SEAUX, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-794 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about February 24, 2003. 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. 4. I understand that if a claim for alimony, alimony pendente lite, marital property, counsel fees, or expenses has not been filed with the Court before the entry of a final decree in divorce, the rigM to claim any of them will be lost. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: ,,~/0~/~.~ ~ REBEKAH SEAUX, V. JASON SEAUX, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-794 : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about February 24, 2003. 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. 4. I understand that if a claim for alimony, alimony pendente lite, marital property, counsel fees, or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I ve~fy that the statements mede in this Affidavit are true and correct. I understand that false statements herein am made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. REBEKAH SEAUX, V. JASON SEAUX, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-794 : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C~ OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose dgMs concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I undemtand that I will not be divorced until a divorce decree is entered by the Court and that a copy of a decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit am tree and correct. I understand that false statements heroin am mede subject to the penalties of 18 Pa. C.S.A.Section 4904 relating to unswom falsification to authorities. Date: ~"-~'~"o7 e~ ~ REBEKAH SEAUX, Vo JASON SEAUX, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-794 : : CIVIL ACTION - LAW : DIVORCE ACTION MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and emered into between REBEKAH SEAUX and JASON SEAUX, hereinnfier referred to as Husband and Wife. The parties were married on February 19, 1998. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, and all other rights and obligations arising out of the marriage relationship. 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of W'ffe or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or ac ts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980. 2. EFFECY OF DIVORCE DECRI~.E: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree, which may be entered with respect to them. 4. SEPARATION AND NONINTERFERENCE: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be flee from any control, restraint, interference of authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, dismVo or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 5. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreemem does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except any or ail cause or causes of action for divorce. 6. FULL DISCLOSURE: The provisions of this Agreemem and their legal effect are fully understood by each party to this agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of all other facts relating to the subject matter of this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. Wife is represented by Darrell C. Dethlefs, Esquire of the Law Office of Darrell C. Dethlefs. Husband is represented by Michael Wahre, Esquire of Rominger and Bailey. 7. EQUITABLE DMSION: By this Agreemem, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. A. SUBSEQUENT DIVORCE: A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or bom making any just or proper defense thereto. 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 Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. a. ENTRY AS PART OF DECREE - It is the intention oftbe parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpose of enforcement only. 9. DIVISION OF PERSONAL PROPERTY: Wife agrees that all of the property in the possession of Husband as of April 15, 2003, shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife as of April 15, 2003, shall be the sole and separate property of Wife. The parties do hereby spedfically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. 10. VEHICLES: Husband and Wife hexeby agree that the motor vehicles owned by either or both of them shall be divided and distributed as follows: A. The 1997 Ford Taurus shall become the sole and exclusive property of Wife. B~//~ The 1988 Ford Escort shall become the sole and exclusive property of Husband. Each p~'ty shall be solely responsible for, and shall indenmi~ and hold harmless the other party against, any debt, obligation, claim, lien, security interest or encumbrance, now or in the future existing or arising, against, upon or relating to the vehicle which he or she possess under this paragraph. The rifles to the aforesaid motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. 11. LIABILITIES: Husband and Wife agree that the marital debt has been divided. Each shall be responsible for their respective debts, ini,..~~--~ 12. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her at~c;r April 15, 2003, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 13. DISPOSITION OF PROPERTY: From and at, er the date of the signing of this Agreement, both parities shall have complete freedom of disposition as to his/her 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. 14. LIFE INSURANCE: Husband agrees to maintain current life insurance policies naming Briana Leigh Seaux as beneficiary and agrees not to change said beneficiary. 15. PAYMENT OF SPECIFIED OBLIGATIONS: The parties agree that the following constitute joint marital obligations, which shall be paid by the following person: A. Wife - 1. All debts incurred by wife since the parties' separation. 2. Any loan on the automobile tiffed solely in wife's name. B. Husband - 1. All debts incurred by Husband since the parties' separation. 2. Half of the balance as of April 1, 2003, &Cross Country Bank, Providian, and Capital One Credit Cards. 16. LEGAL FEES this matter. Each party is responsible for their own legal fees with respect to 17. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any fight to seek bom the other any payment for spousal support, maintenance, alimony pendente lite or alimony. Initi~~ 18. CHIlD SUPPORT: Jason Seaux agrees to pay to Rebekah Seaux support for Briana Seaux, minor child of the parties, in the amount of Fifty Dollars and 00 cents ($50.00) per week. Said payments shall begin June 1, 2003, and shall continue until the child graduates fi.om high school or reaches his or her eighteenth birthday, which ever occurs later. Each such payment shall be paid directly to Rebekah Seaux on or before Thursday of each week. Jason Seaux also agrees to pay for preschool at Kids On Campus, Summerdale, Pennsylvania so long as Briana remains in attendance. All child support paid pursuant to this paragraph shall be taxable as income to Rebekah Seaux and shall not be included as income to Jason Seaux, subject to federal, state and local income tax laws and regulation in effect for the year in which said payment is made. 19. DEPENDENCY EXEMPTIONS FOR INCOME TAX: Both parties agree that Jason Seaux shall claim the dependency exemption for the child for Federal, State and Local income tax purposes for even numbered years beginning with tax year 2004. Both parties agree that Rebekah Seaux shall claim the dependency exemption for the child for Federal, State and Local income tax purposes for odd numbered years beginning with tax year 2003. 20. MISCELLANEOUS: Ail assets including, but not limited to, savings accounts, checking accounts, certificates &deposit and life insurance policies shall be the sole and separate property &the title holder of said asset. The parties believe and agree, that the division of property hereto made by this Agreement is a non-taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 21. GENERAL PROVISIONS: A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other a_~er the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parities, and there are no representations, warranties, convenants, or undertakings other than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from to time to time hereafter, take any an all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OR DEFAULT - This Agreement shall remain in full rome and effect unless and until terminated under end pursuant to the terms of this Agreement. The failure of either 5 party to insist upon strict performance of any of the provisions &this Agreement shall in no way affect the right of such party herea~er to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance, of any other obligations herein. K. HEADINGS NOT PART OF AGREEIVIENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or referenced and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or affect. L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provide, 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 have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the others estate, and each party 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. M. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof~ the parties hereby agree that the breaching party will pay for all reasonable attorney's fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ~[__~_~ day of ]~ 4 ~/ ,2003. In the presence of REBEl(AH SEAUX, JASON SEAUx, Plaintiff Defendant : IN THE COURT OF COMMON PLEAs : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-7'94 : : CIVIL ACTION - DIVORCE P~RAECIPE TO TRANSMIT RECOR~ 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 (x) 3301 C ( ) 3301 D of the Divorce Code. ('Check applicable Code) 2. Date and manner of service of the complaint: C_Certified Mail on 0~-15-03. Certificate of Se. rv ce signed and filed. 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 plaintiff 5-~-03; by defendant 5-28-03. (B) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (D) of the Divorce Code: N~/A; (2) Date of filing and service of the plaintiff's affidavit upon the respondent N/A. 4. Related claims pending: N__one - (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: Date plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: _May 27, 2003. Date defendant's Waiver of Nofice in § 3301 (c) Divorce filed with the Prothonotary: Ju..~ne 24, 2003. ^"o ification 8805 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff INTHE COUrt OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~~ PENNA. Plaintiff VERSUS Defendant Jason S~aux NO. 2003 794 DECREE IN DIVORCE AND NOW, /,.~/ , ~0o~ , fT IS ORDERED AND DECREED ThAT Rebekah Seaux AND Jason Seaux ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD ~N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; This order incorporates the terms of marriage settlement agreement. BY THE COURT: