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HomeMy WebLinkAbout03-1358GOLDBERG, KATZMAN & SI-HPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 RICHARD JAMES BRENNAN, IN THE COURT OF COMMON PLEAS BRONWEN ANNE BRENNAN, Defendant. · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 0:9 - gf IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed 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 fights 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYERAT ONCE. IF YOUDO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o pot medio de en abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado pot el demandante puede set dictado en contra suya pot la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GOLDBERG, KATZMAN & SHIPMAn, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff RICHARD JAMES BRENNAN, Plaintiff, Vo · BRONWEN ANNE BRENNAN, · Defendant. · 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. ~3- IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff, RICHARD JAMES BRENNAN, is an adult individual, who currently resides at 200 Belaire Drive, Shiremanstown, Cumberland County, Pennsylvania. 2. Defendant, BRONWEN ANNE BRENNAN, is an adult individual, who currently resides at 5515 General Jenkins Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on September 3, 1994, in Murraysville, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plainfiffhas been advised of the availability of counseling and that Plainfiffhas the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. 8. Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs 1 through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to: (a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and (b) Order such other relief as the Court deems just and reasonable. Respectfully submitted, GOLDBERG, KATZMAN & S~HIPMAN, P.C. PAUL J./~SPpSITO, ESQUIRE Supreme Court ID #25v - ' ~ 454 Post Office Box 1268 Harrisburg, PA 17018-1268 Attorneys for Plaintiff (717) 234-4161 93068.1 H105.157 REV. 5-97 C~BE~A~ ] DIVORCE COMMONWEALTH OF PENNSYLVANIA VITAL RECORDS RECORD OF OR (CHECK ONE) ~TATE FILE NUMBER -- ~TATE FILE DATE -- 1. NAME (Fb,s0 (Middle) HUSBAND SSN: 188-54-3583 RI CHARD JAMES BREN~^~ ~ (Month) (Day) ('----'-~'~'~ea~(Last) ' ~ = ~'"~ . iCE 02 ~StateorF~ ' 3. RESIDENCE Street or R. D. City, Bom. or Twp. County ~ ~ ~ ~ 6 67 200 Belaire Drive, Shiremanstown, Cumberland Co PA ~.P~CE (. o~g, Co~ OF THIS ~ ~~ ALOC ~ PA MARRIAGE 1 , ~ , cH (vpeci~ / ~ ~ ~Consultant ~. MA'DEN NAME (F~0 WIFE SSN: 184-60-9087 THOMAS BRONWEN (Middle) (Last) ~ (~onth) (~ 5515 or ve, "ec anicsbur , Cumberland OF THIS MARRIAGE ~ ~ i I WHFFE BLACK OTHER (Spec~) ~ ~ ~ Head of Government Sales Division THIS (State ~- Fo..e~gn Country) .u~ROF HUS~D ~E S. [] [] TRANSCRIBING CLERK - ~ GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 RICHARD JAMES BRENNAN, · Plaintiff, · V. ' BRONWEN ANNE BRENNAN, · Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1358 IN DIVORCE ACCEPTANCE OF SERVICE I, TIMOTHY J. COLGAN, Esquire, hereby accept service of the Complaint in Divorce filed on March 27, 2003, in behalf of BRONWEN ANNE BRENNAN, Defendant in the above-captioned action, and acknowledge that I am authorized to do so. Date: 9,- /a-~? ,2003 Timothy J.~e Paul J Esposito, Esquire ID #25454 GOLDBERG, KATZMAN & SHIPMAN, P C 320 Market Sixeet P O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161;(717)234-4161 (lXacsimile) ~ ounsel,/or Plaintiff RICHARD JAMES BRENNAN, Plaintiff BRONWEN ANNE BRENNAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1358 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 27,2003. A Complaint in Divorce under {} 3301(c) of the Divorce Code was filed on March 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 in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about April 10, 2003, via certified mail, restricted delivery. 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. Section 4904, relating to unswom falsification to authorities. Date: BRONWEN ANNE BRENNAN Paul J. Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market S~eet P. O. Box 1268 Hardsburg, pA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff RICHARD JAMES BRENNAN, Plaintiff BRONWEN ANNE BRENNAN, Defendant IN THE COUI~_T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW NO. 03-1358 CIVIL TERM IN DIVORCE 27,2003. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March The marriage of Plaintiff and Defendant is irretrievably broken and ninety days Date: /~/~ [~' ,2004 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 tree and correct. I tmderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Paul J Esposito, Esquire ID. #25454 GOLDBERG, KATZMAN & SHIPMAN, PC 320 Market Street P O Box 1268 Harrisburg. PA 17108-1268 (717) 234-4161; (717) 2344.161 (facsimile) ( ounsd,/or Plaintiff RICHARD JAMES BRENNAN, Plaintiff BRONWEN ANNE BRENNAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1358 CIVIL TERM 1N 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 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 ifI 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. BRONWEN ANNE BRENNAN Paul J. Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P. O, Box 1268 Harrisburg, PA 17108-1268 (717) 2344161; (717) 2344161 (facslnfile) Counsel for Plaintiff RICHARD JAMES BRENNAN, Plaintiff BRONWEN ANNE BRENNAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1358: CIVIL TERM 1N 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 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 ifI 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 unswom falsification to authorities. ~~t'~ Date: /'~ [~'' ,2004 / RiCHaRD jAMES BRENNAN__ ..~ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 4- day of ~ ,2004, by and between RICHARD J. BRENNAN, (hereinafter referred to as "Husband") and BRONWEN A. BRENNAN, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 3, 1994, at Murraysville, Pennsylvania; and WHEREAS, the parties separated on or about March 1, 2003; and WHEREAS, no children have been born to this marriage; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, 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. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, 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. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage with the exception of those which are set forth elsewhere in this Agreement. 5. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. DISPOSITION OF REAL PROPERTY Husband and Wife acknowledge that the real estate situate at 5515 General Jenkins Drive, Mechanicsburg, Cumberland County, Pennsylvania, the former marital residence, has been sold with settlement having occurred on July 17, 2003. The parties further acknowledge that the net proceeds derived from said sale amounting to $45,688.96 have been divided equally. The parties hereby acknowledge and agree that the aforementioned division of the proceeds from the sale of their former marital residence is satisfactory to them and neither shall make any claim against the other for any additional proceeds emanating from said sale. The parties further agree that neither shall make any claim against the other for any payments or expenditures made by either in connection with the preparation of the former marital residence for sale. 7. DIVISION OF PERSONAL PROPERTY The parties agree that they have divided their separate and personal marital property to their mutual satisfaction. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if nntitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 3 8. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, 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. 9. MOTOR VEHICLE Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 2000 Acura TL, currently titled in both parties' names, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining to said vehicle and the insurance thereon. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the aforementioned vel'ficle. The parties acknowledge that Wife has satisfied the outstanding loan they had incurred for the pumhase of the Acura. Husband shall, upon presentation, immediately sign the Certificate of Title thereby transferring to Wife his ownership interest in and to the aforementioned vehicle. Wife shall be responsible for any and all costs or expenses, including taxes, incurred in connection with the said transfer. 10. RETIREMENT BENEFITS~ ESOP AND 401k PLANS The parties hereby specifically release and waive any and all right, title, claim or interest that he or she may have in and to the retirement benefits, ESOP or 401k plan of the other, specifically to include, but not be limited to, a waiver of any beneficiary designation thereunder. The parties agree that they shall execute any documents pursuant 4 to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purposes of this Paragraph. More specifically, Husband hereby specifically releases and relinquishes and any all right, title, claim or interest that he may have in and to Wife's 401k benefits, ESOP or any other retirement benefits, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Wife hereby specifically releases and relinquishes and any all right, title, claim or interest that she may have in and to Husband's 401k benefits or any other retirement benefits, specifically to include a waiver of any spousal armuity benefits and/or beneficiary designations thereunder. 11. FINANCIAL ACCOUNTS The parties hereby acknowledge and agree that all joint accounts have been closed and the proceeds therefrom divided to their mutual satisfaction, including the $1,400.00 in the Pennsylvania State Bank account, which shall be retained by Husband. Any individual accounts owned by the parties shall be the sole and separate property of the party in whose name the account is currently titled, and the parties hereby waive and relinquish any right, title or interest that they may have to the bank account or accounts of the other. More specifically, Wife shall retain as her sole and separate property her checking account at PNC Bank and Husband shall retain as his sole and separate property his checking account at PNC Bank. 12. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any fights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 13. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Paul J. Esposito, Esquire; and to Wife by her 6 counsel, Timothy J. Colgan, Esquire. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 14. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming the deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all tax, penalty, and interest payments, as well as attorney and accounting fees incurred arising from the failure to declare income or disallowance of the claimed deduction. The parties further agree that each will immediately forward to the other a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been filed. The responsible party shall have ten (10) days after receipt of notice to either pay the taxing authority or defend the innocent party against the taxing authority. Thereafter, the innocent party shall have the right to secure his/her own counsel and the responsible party shall pay the reasonable and necessary fees thereof. In the event Wife wishes to file an amended federal income tax return for 2002, Husband shall join in said filing on the express condition that he shall not be held 7 responsible for any additional taxes, interest, penalties or any other costs associated with the preparation, filing and content of the amended return. 15. WAIVER OF ALIMONY~ ALIMONY PENDENTE LITE~ AND SPOUSAL SUPPORT Husband and Wife hereby expressly waive, discharge and release any and all fights and claims which he or she may have now or hereaI2er by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits. The parties further waive and release any fights they may have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 16. COUNSEL FEES~ COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of the marriage and the preparation and execution of this Agreement. 17. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any fight to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 18. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 19. RELEASE OF CLAIMS. a. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. b. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimonypendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in or as to any breach of this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or 10 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 participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. d. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. e. Husband and Wife acknowledge that Husband has instituted a no-fault action in divorce against Wife docketed to No. 03-1358 in the Court of Common Pleas of Cumberland County, Pennsylvania. Husband shall, promptly and without delay, proceed with the said divorce action, and the parties shall execute all documents necessary to conclude the divome immediately upon presentation of same. 20. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE This Agreement may be incorporated into a decree of divorce for purposes of enfomement only, but shall not be merged into said decree. The parties shall have the right to enfome this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 11 21. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 22. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 23. APPLICABLE LAW Ail acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 24. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 25. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 26. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 12 27. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 28. MUTUAL COOPERATION Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 29. BREACH If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enfomement of the rights of the non-breaching party. 13 30. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 31. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 32. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: BRONWEN A. BRENNAN 14 STATE OF PENNSYLVANIA COUNTY OF ~ SS: On this, the ~-Oq day of Oq0,~'~ , 2004, before me, the undersigned officer, personally appeared RICHARD J. BRENNAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. [iq WITNESS WHEREOF, I hereunto set my hand and official seal. ~j. ~ v -- Notary'I~ublic Notarial Seal Jennifer L. Boltz, Notary Public City of Harrisburg, Dauphin County My Commissio~ Expires May 30. 2005 MemOer, Pennsylvania AssociaSen of Notaries SS: STATE OF PENNSYLVANIA COUNTY OF ~""A~L~; r~ On this, the /q-~X day of ~r~ O.~,~,D , 2004, before me, the undersigned officer, personally appeared BRONWEN A. BRENNAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public 1 NOTARIAL SEAL Carol M. Gotowka, Notary Public Lower Paxton Twp., County of Dauphin My Commission Expires Sep. 9, 2004 ,':ODMA IPCDOCSIDOCSI9848112 1 5 RICHARD JAMES BRENNAN, Plaintiff BRONWEN ANNE BRENNAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1358 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THEPROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divome decree: Code. Ground for divorce: irretrievable breakdown under § 3301(c) oftheDivorce 2. Date and manner of service of the Complaint: Certified Mail~ Restricted Deliver¥~ on April 10~ 2003. 3.(a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on March 15~ 2004 ; by Defendant on March 4~2004 . (h)(1) Date of execution of the Affidavit required by § 3301 (d) of the Divome Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 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 Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 22~ 2004. Date Defendant's Waiver of Notice in § 3301(c) Divome was filed with March 22, 2004 /'~ ,f ' the prothonotary: ,,,~ ,.,~y ~ Attomey for P,~ntiy ' IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. RICHARD JAMES BRENNAN Plaintiff VeRsus BRONWENANNE BRENNAN D~fendnnt NO. 03-1358 Civil Term DECREE IN DIVORCE AND NOW, DECREED THAT Richard James Brennan ,~--~ , IT IS ORDERED AND , PLAINTIFF, AND Bronwen Anne Brennan , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. TH e cou RT RETAINS JURISDICTION OF Th E fOLLOWING CLAIMSWHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; AND IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and condition of a certain Separation and Property Settlement Agreement between the parties dated March ~, 2004, are ~ereby incorporated in this Decree by re~erence as fully as though the same were set forth herein at length. Said Agreement shall not mer~e with, but shall survive this Decree, BY THE COURT: ATT ~(~//~/ ~HONOTA~Y' RICHARD JAMES BRENNAN, Plaintiff VS, BRONWEN ANNE 8RENNAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1358 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RESUME PRIOR NAME Notice is hereby given that a Complaint in Divorce has been filed in this matter on March 27, 2003 and is pending a Decree in Divorce. Defendant hereby elects to resume her prior name of Bronwen Anne Thomas, and gives this written notice of her intention in accordance with the provisions of 54 Pa. C.S.§704. Bronwen Anne Brennan Bronwen ,Anne Thomas COMMONWEALTH OF PENNSYLVANIA : COUNTY 0 F -Y-ENRK : On the~'1')~ day of ~')0,~L~-~ , 2004, before me, a Notary Public, personally appeared BRONWEN ANNE BRENNAN known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public I~-NOTARIAL SEAL I Carol M. Gotowka, Notary Publ/c Lower Paxton Twp., County of Dauphin My Commission Expires Sep. 9, 2004