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HomeMy WebLinkAbout03-2499IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BETSY SUGGS Plaintiff Vo · CIVIL ACTION - LAW TROY SUGGS Defendant · IN DIVORCE CIVIL TERM 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 be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 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 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 Lawyers Referral Services Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BETSY SUGGS Plaimiff Vo · CIVIL ACTION - LAW TROY SUGGS Defendam · NO. ~3- 2'~/ · IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE COUNT I DIVORCE 1. Plaintiff is Betsy Suggs, who currently resides at 922 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania, since April 2003. 2. Defendant is Troy Suggs, who currently resides at 406 Hidden Valley Road, New Cumberland, York County, Pennsylvania, since August 2002. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on May 20, 1995 at Lemoyne, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. WHEREFORE, Plaintiff prays that a decree in divorce be entered dissolving the marriage between the two parties. Respectfully Submitted,~'~ C m.'C. elk s ire Attorney for/Plaintiff ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 I verify that the statements made in this Complaint 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: MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this 15th day of September, 2003, by and between BETSY SUGGS, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and/or "Mother" AND TROY SUGGS, of York County, Pennsylvania, hereinafter referred to as "Husband", and/or "Father." WITNESSETH: WHEREAS, thc parties hereto are wife and husband, having been lawfully married on May i 20, 1995 in Lcmoyne, Cumberland County, Pennsylvania; WHEREAS, the parties have lived separate and apart since April 2003; WHEREAS, one child was born of the marriage between the parties, namely, Devin Suggs, born August 21, 2000; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without ]imitation by specification, the settling of all matters between them relating to thc ownership of and equitable distribution of rca] and personal property, the settling of all matters between them relating to thc past present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife, the settling of all mat~crs between them relating to past, present and future support and/or maintenance of thc child, thc implementation of custody/visitation arrangements for thc child of the parties; and, in general, thc settling of any and all claims and possible claims by one against thc other or against their respective Estates; WHEREAS, both Wife and Husband covenants that each has made full and complete disclosure to the other of her and his respective property holdings and income; 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that she or he is aware of her or his 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 or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that she or he has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of her or his 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 or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of her or his respective income, assets and liabilities, whether such are held jointly or in the name of one party. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. 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 herself and himself and her or his heirs, executors, administrators or assigns, that she or he will never at any time hereafter sue the other party or her or his heirs, executors, administrators or assigns in any action or contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIG}ITS. Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were. unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and 3 engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes that led to, or' resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with her or him, nor in any way interfere with the peaceful existence, separate from each other. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary eco:aomic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. A Complaint in Divorce, No.03-2499, under 3301(c) of the Divorce Code was initiated and filed by Wife on the 28th day of May 2003 in the Court of Common Pleas of Cumberland County, Pennsylvania. Upon the expiration of the ninety (90) day waiting period provided for under section 3301(c) of the Divorce Code, each party will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver the same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court, along with a Praecipe to Transmit Record, Vital Statistics Form and any and all documents necessary to precipitate the prompt entry of a divorce decree. 5. SUBSEQUENT DIVORCE. A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Wife and Husband, or attempt 4 reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. The parties shall have the right to enforce 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. 6. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties aclmowledge that they are the owners as tenants by the entireties of that certain house and lot and all improvements thereupon situated at 406 Hidden Valley Road, New Cumberland, York Cotmty, Pennsylvania, 17070 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (i). Within 60 days of the Execution of this Agreement Hushand will cause Wife's name to be removed from the Marital Residence and from any and all financial and any all other responsibilities related to the Marital Residence and provide Wife w/th documentation proving such. Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, mortgage and lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. (ii). Upon execution of this Agreement Husband and Wife shall execute and deliver an appropriate deed, conveying to Husband all of the parties' right, title, claim and interest in and to the Marital Residence. Said deed will be held by Husband's counsel in escrow. Upon the removal of Wife's name pursuant to paragraph 6a(i) said deed may then be recorded. Thereafter, except as specifically set 5 forth herein, Husband shall be the sole owner of the Marital Residence and shall be entitled to record said deed and take any action with respect thereto that he deems appropriate. (iii). As equitable distribution within 15 days of execution of this Agreement Husband shall pay to Wife a cash stun in the amount of Twenty Thousand Dollars ($20,000.00). (iv). Wife agrees that any and all homeowners policies, title policies, and any other policy of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Husband as sole owner thereof and she further agrees that Husband shall be entitled to receive any payments then or thereafter due under any such insurance policy. Co) Property. Except as set forth hereto, Wife and Husband agree that their personal property, along with all fights and responsibilities associated with said property, has been equitably divided. The plastic set of drawers and half of the toys and books, currently in the possession of Husband shall be transferred to the possession of Wife upon or prior to the execution of this Agreement. Neither party will make any claims to the property possessed by the other, and hereby agree to set over right, title and interest in all property currently in the possession of the other. Each party shall be solely responsible for all costs, expenses and liabilities associated with or altributable to the property a party now possesses, free ofr/ght, title or interest of the other party, by virtue of this subparagraph, regardless of when such cost or liability arose and each party shall keep the other party and her or his successors, assigns, heirs, executors and administrators indemnified and held hanmless from any liability, cost or expense, including actual attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from a party's prior ownership interest in property a party no longer has right, title or interest to by virtue of this subparagraph. (e) Motor Vehicles. Wife and Husband agree tlmt Wife shall retain possession of and receive as her sole and separate property the 2000 Nissan Xterra, along with all rights under insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of the other party. Wife and Husband agree that Husband shall retain possession of and receive as ibis sole and separate property the 6 Chevy truck and the 2002 520 KTM motorcycle, along with all rights under insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of the other party. Further each party shall indemnify and hold the other party and her or his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to her or him by virtue of this subparagraph. Parties will execute all necessary documents necessary to transfer the rights mentioned by virtue of this subparagraph, including, but not limited to, transferring of titles in the sole name of the appropriate party, Wife removing Husband from the loan on the Xterra, and Wife and Husband obtaining individual auto insurance policies. (d) Pensions, Stocks, Stock Options and Retirement Benefits. Except as set forth hereinafter, Wife and Husband each hereby specifically, releases and waives any and all right, title, claim or interest that she or he may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401 (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any right to spousal annuity benefits and/or beneficiary designations there under. If and in the event a party chooses to designate the other party as beneficiary designee, in a benefit or like program carrying a beneficiary designation, the beneficiary shall be deemed to be that party. (e) Credit Cards and Financial Obligations. The parties agree that all debts, contracts, obligations or liabilities, such as credit cards, incurred at ~'my time in the past or future by either of the parties, shall be the sole responsibility of the party whose name such obligation is under or appears, unless and except as otherwise specifically set forth in this Agreement. Each of the parties hereto further promises, covenants and agrees that each will now anti at all times hereafter save harmless and keep the other or her or his estate indemnified and saved harmless from all debt and liabilities incurred by her or him, as the case may be, and from all actions, claims and demands 7 whatsoever with respect thereto, and all other costs, legal or othera4se, and actual attorney's fees whatsoever appertaining to such actions, claims and demands. (t) Life Insurance. Wife and Husband each hereby specifically, unless and except: as otherwise specifically set forth in this Agreement, releases and ~vaives any and all right, title, claim or interest that she or he may have in and to any and all policies ot'insurance owned by or insuring the life of the other, including cash surrender value, if any. If and in the event a party chooses to designate the other party as beneficiary designee, in a benefit or like program carrying a beneficiary designation, the beneficiary shall be deemed to be that party. (g) Bank Aeeouuts and US Savings Bonds. Husband agrees to transfer Seven Thousand Dollars ($7,000.00) to Wife, of which has already been obtained by Wife. All US Savings Bonds in joint names of the parties or in the sole name of one part), but purchased during marriage will be divided equally, those purchased prior to marriage in the sole name of one party will be the sole possession of that party. (h) Property Acquired After Date Of Separation. The parties agree that any property acquired, by either party, after April 2003, shall be owned, possessed and enjoyed by the acquiring party free from any claim of the non-acquiring party. (i) Property to Wife. The parties agree thai Wife shall own, posses, enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 0) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. {k) Liability Not Listed. Each party represents and warrants to the other that since separation she or he has not incurred any debt, obligation or other liability, other than those described in this Agreement, on 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 hereafter incur it, and such party agrees to pay it as the same shall become due, and ro indemnify and hold the other party and her or his property harmless from any and all such debts, obligations and liabilities. (1) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting there from, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (m) Indemnification of Husband. If any claim, actio~t or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against arty damages or loss resulting there from, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (n) Warranty as to Future Obligations. Hushand and Wife each represents and warrants to the other that she or he will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any 9 remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and her or his property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 7. CHILD SUPPORT. Father agrees to pay to Mother the sum of Six Hundred dollars ($600.00) on or before the 1St"of each month, beginning September 2003, for the support of the parties' child. Father further agrees to pay one-half (1/2) of all expenses associated with extra- curricular activities the child may choose to attend or participate in (except for motorcycling related activities where Father will pay all associated expenses), maintain health coverage for the child, and pay sixty five percent (65%) of uncovered medical expenses that exceed $250.00 in a single year (except for motorcycling related medical expenses where Father wiill pay all associated expenses). The parties agree to each purchase, at their own expense, a wardrobe of clothing for the child. Costs associated with "single purchase" clothing items such as sneakers, ,:oats and boots shall be shared equally by the parties. Mother reserves the right to enforce child support obligations through the appropriate court or system in the event of noncompliance by Father. Said child support is based on current shared custody situation and division of other financial obli:gations relating to the child and is modifiable upon a change in circumstances. 8. WAIVER OF ALIMONY. Wife and Husband voluntarily and permanently waive any and all rights or claims to receive spousal support, maintenance, alimony pendente lite or alimony. 9. CUSTODY. (a) Legal and Physical. The parties agree that they shall equally share legal and physical custody of their child. (b) Best Interest of the Child. At all times the parties shall encourage and foster in the child sincere respect and affection for both parents and shall not hamper the natural development of their child's love and respect for the other parent. Major decisions concerning the child, including, but not limited to, the health, welfare, education and upbringing, shall be made by the parties jointly, after discussion and consultation with each other, with the goal of developing and adhering to a 10 harmonious policy in the child's best interests. The parties shall give support to one another in their role as parents, and take into account the views of the other party regarding the physical and emotional well being of their child. The parties shall not malign or slander the other in any way, nor in any way injure her or his reputation; nor shall either party deal with or talk with the parties' child in any way which might tend to create any disaffection or disloyalty between such child and either party or the members of the families of either party; nor shall either party permit any other person to deal with or talk with the parties' child in any way which might tend to create c,r engender disloyalty, dissatisfaction or disobedience between the child and either party. Neither party s;hall impair the other party's right to shared custody of the child, including not interfering with the other party's physical custody of the child while the child is with that party. The parties shall not involve the child in any disputes between the parties, including, but not limited to, financial and social matters. Each parent shall be entitled to immediate access from the other or from a third party to records and information pertaining to any of the child, including, but not limited to, medical, dental and school or educational records. Each party shall keep the other party advised as to any serious illness, major developments or any activity that could reasonably be expected to be of concern or interest of the other with respect to the child. Each of the parties agree to keep the other party currently advised of the otl~er's residence and business addresses, telephone numbers and whereabouts when on vacation with any of the child. Each party shall be entitled to speak to any of the child by telephone at all reasonable times and intervals when any of the child are in the custody or subject to the control of the other party. Simply, parties will, at all times, act and react with the best interest of the child in mind. (c) Periods of Physical Custody. The physical custody schedule shall be as follows: (i). The parties agree that it is in the best interest of the ehild for the parties to develop periods of physical custody that encourages a fair amount of time for each party and the child to enjoy one another. Parties agree, whenever possible, that it is in the best interest of the child that the child is with Mother or Father before being placed in the care of a third party. ll (ii). Mother and Father shall altemate holidays with the child fi.om 9:00 a.m. to 7:00 p.m. Holidays shall be Thanksgiving, New Year's Day, Easter, Memorial Day, 4f of July, August 21 and Labor Day with Father being entitled to Thanksgiving day 2063. The holiday schedule shall supercede the week schedule. (iii). Commencing with Christmas 2003 and in all odd-numbered years thereafter, Mother shall have custody of the child from 1:00 p.m. on Christmas Eve through 1:00 p.m. on Christmas Day and Father shall have custody of the child fi.om 1:00 p.m. Christmas Day through 1:00 p.m. the day after Christmas. Commencing with Christmas 2004 and in all even-numbered years thereafter, Father shall have physical custody of the child from 1:00 p.m. Christmas Eve through 1:00 p.m. Christmas Day and Mother shall have physical custody of the child from 1:00 p.m. Christmas Day through 1:00 p.m. the day after Christmas. The Christmas schedule shall supersede the week schedule. (iv). Both parties shall have the right to have the child with her/him for a nine (9) day period encompassing two (2) weekends and the five (5) days in between during the summer school vacation upon thirty (30) days written notice to the other party. In the event of a conflict in choosing said periods, the party who first provided notice shall prevail. The su~rumer vacation schedule shall supercede the week schedule but not the holiday schedule. (v). Mother shall always have physical custody of the child from 9:00 a.m. through 7:00 p.m. on Mother's Day and Father shall always have physical custody of the child from 9:00 a.m. through 7:00 p.m. on Father's Day. (vi). The parties agree that the terms of this custody pm:agraph shall be entered as an order of court and enforceable by the court as ifa full hearing had been conducted. 10. OTHER DOCUMENTATION. Wife and Husband covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or suclrt other writings as may be necessary or desirable for the proper effectuation of this Agreement. 12 1 I. COUNSEL FEES, COSTS AND EXPENSES. Each party, unless and except as otherwise specifically set forth in this Agreement, shall be solely responsible for her or his own legal fees, costs and expenses incurred in connection with their separation and or the dissolution of their marriage, and the preparation and execution of this Agreement. 12. DEPENDENCY EXEMPTION FOR CHILD. Wife s/mil have the right to take the child as a dependency exemption for tax purposes and to claim the child and dependent care expenses as well as any child tax credit or exemption for all odd enumerated years. Husband shall have the right to take the child as a dependency exemption for tax purposes and to claim the child and dependent care expenses as well as any child tax credit or exemption for all even enumerated years. 13. TAX RETURNS. The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of a:ay deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of Husband and shall be paid solely by him. Husband hereby covenants and agrees to hold Wife harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. 14. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Wife and Husband each waives all rights of inheritance in the estate of the other, any right 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 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. 15. WAIVER OF BENEFICIARY DESIGNATION. iUnless otherwise specifically set forth in this Agreement, 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 13 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 cornpensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme. If and in the event a party chooses to designate the other party as beneficiary designee, in a benefit or like program carrying a beneficiary designation, the beneficiary shall be deemed to be that party. 16. 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 abandon:~ any claim, right, title or interest whatsoever she or he 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 pm-ty is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Wife and Husband shall hereafter own and enjoy, independently of any claim or right of the other, all items of real and personal property, tangible or intangible, acquired by her or him from the execution date of this Agreement with full power in her or him to dispose of the same fully and effectively for all purposes. (b) Except as set forth in this Agreement, 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 anytime 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 14 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 the provisions contained in this Agreement. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and her or his heirs, executors, administrators, assigns, property and estate from any and 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 in-testate 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 participate in a deceased spouse's estate, whether rising under the laws of Pennsylvania, any State, Commonwealth or Territory of the United States, or any other Country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the fight of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (d) Except for the obligations of the parties contained in this Agreement and such fights as are expressly reserved herein, each party gives to the other by the execution of this 15 Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or equity, which either party ever had or now has against the other, 17. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of seven (7) years from the date of their divorce decree all records relating to their martial estate, and each party will allow the other party free access to such records. 18. NOTICE. In the event a claim, action or proceeding is initiated involving one party, that party shall provide notice to the other party of the claim, action or proceeding, when it is reasonable to assume that the other party may have significant and just concerns about the claim, action or proceeding. Such notice shall not be withheld just because the party, who the claim, action or proceeding was initiated against or by, has agreed to indemnify and hold harmless the other party. 19. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 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. It is, however, expressly understood that terms and express agreements in this Agreement relating to child support and child custody can be modified, rescinded or amended in accordance with the laws of the Commonwealth of Pennsylvania. 20. 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 invalidate in any way. 21. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at her or his election, to sue for damages for such breach, or seek such other remedies or relief as may be available to her or him. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and actual legal fees incurred in the enforcement of the rights of the non-breaching party. 16 22. WAIVER OF BREACH. The waiver by one pa~t of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or azay provision of this Agreement. 23. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 24. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 25. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 26. HEADINGS NOT PART OF AGREEMENT. Any headings proceeding of 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. 27. AGREEMENT BINDING ON PARTIES AND llEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 28. ENTIRE AGREEMENT. Each party acknowledges that she or he has carefully read this Agreement; that she or he has had the opportunity to or has discuss its provisions with an attorney of her or his own choice, and has executed it voluntarily and in reliance upon her or his own attorney; 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 pan:les and that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 17 29. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns and i 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 actual attorneys' fees, costs, and other expenses actually incurred as a result of such failure. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, set their hands on this date of their ac~!l~gment. ,TsYsu ,qs-- 6 d N , 18 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BETSY SUGGS Plaintiff :CIVIL ACTION - LAW :DIVORCE TROY SUGGS Defendant :NO. 03-2499 CIVIL TERM AFFIDAVIT OF SERVICE BY CERTIFIED MAIL AND NOW THIS 28TM day of May 2003, I William Felker, Esquire, attorney for plaintiff, hereby certify that I have served a tree and correct copy of the Complaint filed in the above-captioned matter along with a Notice to Defend mad Claim Rights upon the defendant, Troy Suggs, by certified, return receipt, restricted[ delivery United States first Troy Suggs ,6 Hidden Valley Road Cumberland PA 17070 Wm. C. Felkerf Attorney for Plaintiff 67999 P.O. Box 1401 Camp Hill, Permsylvania 17001 717-512-0647 BETSY SUGGS, PLAINTIFF TROY SUGGS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2499 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 28, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. 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 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 vehfy that the statements made above are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BETSY SUGGS Plaintiff TROY SUGGS Defendant Vo :CIVIL ACTION - LAW :DIVORCE : :NO. 03-2499 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 28, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the 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. 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 my 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 tree 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: Betsy Sug~s 1N THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BETSY SUGGS Plaintiff :CIVIL ACTION - LAW :DIVORCE TROY SUGGS Defendant :NO. 03-2499 CIVIL TERM PRAECIPE TO TRANSMIT 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 section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: May 31, 3003 by certified, return receipt, restricted delivery United States first class mail. 3. Date of execution of the affidavit of consent required by section 3301(c) of the Divorce Code: by plainfiffon October 06, 2003; by defendant on October 06, 2003. 4. Related claims pending: none. 5. Date plaintiff's Waiver of Notice in section 3301(c) Divorce was filed with the prothonotary: October 07, 2003. Date defendant's Waiver of Notice in section 3301(c) Divorce was filed with the prothonotary: October 07, 2003. ~mm~. C~.~F37~~ Date: October 07, 2003 Attorney for Plaintiff 67999 P.O. Box 1401 Camp Hill, Pennsylvania 17001 717-512-0647 IN THE COURT Of COMMON PLEAS VeRsus T~oy Suggs DeFendanL OF CUMBERLAND COUNTY STATE OF p ,~~ PENNA. N O. 2499 2003 AND NOW, DECREED THAT DECREE IN DIVORCE Bel;sy 5uggs i¢1~5, It IS ORDERED AND , PLAINTIFF, AND 1roy Suqqs , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None -'ST: J. I P~, PROTH(