Loading...
HomeMy WebLinkAbout03-2843KRISTY MARIE GREEN, Plaintiff WESTON R. GREEN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. d,z; CIVIL ACTION - LAW IN DIVORCE _NOTICE TO DEFEND AND CLAIM RIGHT?, 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 am~.ulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. · When the ground for divorce is indignities or irretrievable breakdown of the marnage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILF. A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 TEI.lq. PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET I3~.GAL HELP. CUMBERLAND COUNTY B/IR /LYSOCIMTION 32 SO UTH BEDFORD C4RI,tSLE, PA 17013 (717) 249-M66 OR (800)990-Y108 KRISTY MARIE GREEN, Plaintiff Vo WESTON R. GREEN, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Kristy Marie Green, who currently resides at 155 E. North Street, Apt. A, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Weston R. Green, Jr., who currently resides at 65 Quarry Hill Road, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 29, 1999 at Cumberland County, Pennsylvania. COUNT I - DIVORC~ 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth m full. the parties. 7. There have been no prior actions of divorce or for annulment between Divorce is sought pursuant to the provisions of the Divorce Code, 3301(a)(2), 3301(c) and 3301(d), in that: a. The Defendant committed adultery. b. The marriage is irretrievably broken. c. Plaintiff and Defendant have lived separate and apart since January 2003 and continue to do so. 8. 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 such counseling. 9. The Plainfiffin this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EOUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from November 29, 1999, until January 2003, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and[or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. ,COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendent elite until final hearing and thereafter to enter an award for alimony. .COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained the law offices of ABOM & I~UTULAKIS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Piaintiffmay need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to Order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, A~oM & KVTVLA~s, L.L.P. 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, KRISTY MARIE GREEN, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unswom falsification to authorities. Date ~- /~ - 03 GREEN KRISTY M. GREEN Plaintiff WESTON R. GREEN. JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA NO. 03-2843 CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 KRISTY M. GREEN Plaintiff WESTON R. GREEN. JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA NO. 03-287 CIVIL ACTION-LAW DEFENDANT'S ANSWER AND COUNTER CLAIM 1. Plaintiff is Kristy M. Green, who currently resides at 155 E. North St., Apt. A, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Weston R. Green, Jr., who currently resides at 65 Quarry Hill Rd., Newville, PA 17241, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona :fide residents in the Commonwealth for at least six (6) months immediately prior to the filing &this Complaint. 4. The Plaintiff and Defendant were married on November 29, 1999 at Cumberland County, Pennsylvania. 5. Defendant's omission to address particular elements of Plaintiff's Complaint shall be construed as a denial pursuant to Pa. R.C.P. 1920.14(a). COUNT I - ALIMONY PENDENTE LITE AND ALIMONY 6. Paragraphs 1 through 5 of this Answer and Counterclaim are incorporated herein by reference as though set forth in full. 7. Defendant is experiencing a period of unemployment. 8. Defendant believes Plaintiffearns higher wages than Defendant. 9. Defendant requires reasonable support to maintain his standard of living as established during the marriage. WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony pendent lite until final hearing and thereafter to enter an award for alimony. COUNT II - COUNSEL FEES AND COSTS 10. Paragraphs 1 through 9 of this Answer and Counterclaim are incorporated herein by reference as though set forth in full. 11. Defendant has retained Stephanie E. Chertok and John C. Porter, Attorneys at Law and requires assistance to pay the necessary and reasonable attorney fees for said counsel. WHEREFORE, Defendant requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, John C. Porter Jdl/m C. Porter, Esq. Counsel for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-I 177 VERIFICATION I, Weston R. Green, Jr., verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unswom falsification to authorities. Date Defendant, Weston R. Green, Jr. (717) 249-1177 Job. C. Po er Attorney at Law 61 West Louther Street Carlisle, PA 17013-2936 (717) 249-4514 fax June 30, 2003 Court Administrator Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 Dear Court Administrator: A custody action between these parties has been previously initiated under Docket number 03-2406. That custody action has been assigned to Judge Guido, and it is this Counsel's thoughts that it may benefit the parties and the Court to have both matters decided by the same Judge. John C. Porter KRISTY MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA WESTON R. GREEN, JR., Defendant NO. 03-2843 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this Iq+l~ day of June, 2003, I, John C. Porter, Esq., hereby certify that I did receive and accept service of the Complaint in Divorce in the above captioned matter on behalf of the Defendant, Weston R. Green, Jr., and I further certify that I am authorized to do so. Respectfully submitted, john . p~o~er,c~'~~ Esquire 61 West Louther Street Carlisle, PA 17013-2936 Attorney for Defendant KRISTY M. GREEN Plaintiff WESTON R. GREEN. JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA NO. 03-2843 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, John C. Porter, Counsel for the Defendant, Weston R. Green, Jr., hereby certify that a true and correct copy of the Notice to Defend and Claim Rights and Defendant's Answer and Counter Claim in the above captioned case was served upon Kara W. Haggerty, Esquire, Counsel for the Plaintiff, Kristy M. Green, in the following manner: First Class Prepaid Postage to: Kara W. Haggerty, Esquire Abom & Kutulakis 8 South Hanover St. Carlisle, PA 17013 on this 2nd day of July, 2003. John .~porte?,'~ Esq. Counsel for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 KRISTY M. GREEN Plaintiff Vo WESTON R. GREEN. JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA NO. 03-.2843 CIVIL ACTION-LAW DEFENDANT'S ANSVqERS TO MOTION FOR CONTINUANCE AND NOW, this 22nd day of July, 2003, the Defendant, Weston R. Green, Jr., by and through his attorney, John C. Porter, avers the following: 1. A Hearing is scheduled in the above captioned matter before This Honorable Court on August 7, 2003, at 11:00AM; 2. The Counsel for the Plaintiff is unavailable due 'Io a scheduling conflict; 3. The Counsel for the Plaintiff filed a motion for a continuance on July 21, 2003; 4. In that motion, Counsel for Plaintiff represented that Defendant's Counsel did not concur in the motion; 5. Counsel for the Plaintiff has misrepresented Detbndant's position. 6. Counsel for the Defendant did not, "not concur" with the Plaintiff's Motion for Continuance; 7. It is Defendant's position that Plaintiff s retention of Primary Physical Custody of the children is not in their best interest; 8. Defendant wishes to avoid all delay in having a custody hearing; 9. Therefore Defendant asks that the Court contact Counsel for both parties in order to schedule a date for a continuance that is amenable to all and so as to avoid further delay. WHEREFORE, the Defendant respectfully requests that "['his Honorable Court continue the August 7, 2003 Hearing. Respectfully submitted, July 22, 2003 John C.~Porter,"~ttomey at Law Counsel for the Defendant Sup. Ct. I.D. 90152 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 KRISTY M. GREEN Plaintiff WESTON R. GREEN. JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA NO. 03-2843 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, John C. Porter, Counsel for the Defendant, Weston R. Green, Jr., hereby certify that a tree and correct copy of the Defendant's Answer to Motion for Continuance in the above captioned case was served upon Kara W. Haggerty, Esquire, Counsel for the Plaintiff, Kristy M. Green, in the following manner: First Class Prepaid Postage to: Kara W. Haggerty, Esquire Aborn & Kutulakis 8 South Hanover St. Carlisle, PA 17013 on this 22na day of July, 2003. Joh~/~. Porter, Esq. Counsel for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 KRISTY MARIE GREEN, Plaintiff WESTON R. GREEN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2843 CIVIL TERM : : CIVIL ACT]iON - LAW : IN DIVORCE AFFIDAVIT OF CONSENT' 1. A Complaint in divorce under {}3301(c) of the Divorce Code was filed on June 17, 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. Date: c~" I'-/' O¥ ~~~ I4RIS~/MARIE GREEN KRISTY MARIE GREEN, Plaintiff Vo WESTON R. GREEN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2843 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: RIE GREEN KRISTY MARIE GREEN, Plaintiff WESTON R. GREEN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2843 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under {}3301(c) of the Divorce Code was filed on June 17, 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. [}4904 relating to unsworn falsification to authorities. Date: /3,~ p~l, ~o;~ ,~v ~.~,.~-~ ~. ~ WErS~TON R. GI~I~N, JR., KPdSTY MARIE GREEN, Plaintiff WESTON R. GREEN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2843 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /~/:el ,,.~,), ~,',,,/ ~Z/'/.,,-~,d/~'t'~. WErSTON'~. (TIS,.EEN, JR., KRIS'i~ M_ARIE GREEN, Plaintiff WESTON R. GREEN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2843 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on June 17, 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: /'3, )&i, ~,..~ .2t~,~ 9.~.~-~ ~; ~ wErSTON R. OldEN, JR., KRISTY MARIE GREEN, Plaintiff WESTON R. GREEN,JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-2843 CIVIL TERM ~2 : CML ACTION - LAW : IN DIVORCE 7~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /~) WEfSTON 1(. O'I~EN, JR., K, RISTY MAI~IE GREEN, Plaintiff V. WESTON R. GREEN, JR,, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : NO. 03-2843 CIVIL, TERM : CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~'/'//'~ay of April, 2004, between Kristy M. Green, (hereinafter referred to as WIFE), and Weston R. Green, Jr., (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on November, 29, 1999, Mt. Holly Springs, Cumberland County, Pennsylvania: and WHEREAS, two (2) children were born of this marriage: Kayleigh Ann Green, born March 20, 2001, and Dacoda Tytler Green, born October 15, 2002. WHEREAS~ disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented by Kara W. Haggerty, Esquire, of ABOM & KUTULAKI$, L.L.P., and that Husband has been represented by John C. Porter, Esquire in this action. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freeiy and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW~ THEREFORE~ in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other Bood and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and a§ree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at ali times herea~er to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this AI]reement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoin8 provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leadin8 to their livin§ apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually rem;se, release, quitclaim and forever dischar§e the other, for all time to come, and for afl purposes whatsoever, of and from any and all ri§hts, titles and interests, or claims in or against the property (includin~ income and §ains from property hereinafter accruing) of the other or a§ainst the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the risht to take a~ainst the spouse's will; or the ri§bt to treat a lifetime conveyance by the other as testamentary, or all other ri))~hts of a surviving spouse to paKticipate in a deceased spouse's estate, whether aris;nS under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the risht to act as personal representative of the estate of the other; or any ri)~hts which any party may now have or any time hereafter have for past~ present, future support, maintenance, alimony~ alimony pendente lite, counsel fees, costs or expenses, whether arisin~ as a result of the martial re)at;on or otherwise; except all ri§hts and agreements and obligations of whatsoever nature arising or which may arise under this A~reement or for breach of any provision hereof. Jt is the intention of Husband and Wife to give to each other, by the execution of the A))reement, a full, complete and general release with respect to any and ail property of any kind or nature, real, personal or mixed, which tlhe other now owns or may hereafter acquire, except and only except all rights and aiFeements and obligations of whatsoever nature arising or which may arise under this Al~reement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights a§ainst the other or any past, present and future c[aims on account of support and maintenance; that it [s specifically understood and agreed that the paym~nts, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, iter alia, in fu)[ settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the (Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 18. 3. RELEASE OF TESTA .MENTAR¥...CLAIM~. Except as provided for in this Agreement, each of the parties hereto shall have the ril,~ht to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, .,~hall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever. Either party may, however, make such provision for the other as he or she may desire in an by his or her last wilt and testament; and each of the parties further convenants and a~rees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this A§reement. Each of the parties hereby releases~ relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further convenants and a§rees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. W .AIVER OF FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their lei~al right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and ns such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such wilt not result in any gift tax liability, 6. PENS. ION~ PROFIT-$HARINGr RETIREMENTr CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties t~ereto expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the len~h of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, empioyability, estate, liabilities and needs of each of the parties~ the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income~ the sources of income of both parties, including but not limited to medical, retirement~ insurance or other benefit~; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the martial property, including the contribution of each spouse as a homemaker~ the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and tile division is being effected without the introduction of outside funds or other property not constituting martial property. The division of property under this Agreement shall be in full satisfaction of all marital ri~]hts of the parties. A. MOTOR VEHICLES. The parties a~ree that Husband shall become full and sole owner of the 1998 Chevy Silverado, and 'Wife shall become full and sole owner of the 1999 Acura TL. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation as.,~ociated with the vehicle he or she is to retain pursuant to this Agreement and each party a§rees to indemnify and hold harmless the other party from any and all liability therefore. B. DIVISION OF HOUSEHOLD AND PER:SONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tan§ible and intangible marital property. Except as otherwise set forth hereinafter, neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the sisning of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writin§ is in the possession or control of the party. Anything to contrary contained herein notwithstanding, Husband and Wife sl~all be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent ri§bt or interest, apart from the provision e.f the Divorce Code, at the time of the signing of this Agreement. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 8. DEBTS. Husband represents and warrarJts to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation 5he has not, and in the future she will nott contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless {rom any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property setdement agreement.and the divorce proceedings related thereto. 10. ALIMONYt ALIMONY PENDENTE LITEi~ COUNSEL FEES AND EXPENSES, Both parties accept the provisions of their Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedin§s for the divorce or annulment between the parties. 11. DIVORCE. A Complaint in divorce has been filed to No. 03-2843 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301 (c) of the Divorce Code. In the event, for whatever treason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting~ from any action brought to compel the refusing party to consent. Each party hereby a§rees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. BANKRU,PTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedin§s pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this A§reement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 13. RECONCILIATION. Notwithstanding a reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void, 14. INCORPORATION IN FINAL DIVORCE DFCREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court havin§ jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support~ alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Al~reement. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreemen~ shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the ~date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executin[~ the Agreement. 16. WAIVER OF FULL DISCLOSURE. The parties waive their rii~hts to require full and complete disclosure of all the real a. nd personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of alt sources and amounts of income received or receivable by each party. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election~ either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance, for damages for such breach, or for injunctive relief, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under' this Agreement. 19. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the laws of Pennsylvania. 20. WAIVER OF MODIFICATION TO BE IN WRITINg. No modification or waiver of any of the terms hereof shall be valid unless made in writing and sij~ned by both of the parties. 21. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasenably required to §ire full force and effect to the provisions of this Agreement. 22. 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 A§reement, and in all other respects this A§reement shall be valid and shall continue in full force, effect and operation. 23. WARRANTY. Husband and Wife a§ain acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 24. DESCRIPTIVE HEADINGS. The descriptive headinBs used herein are for convenience only, They shall 'have no effect whatsoever in determininl~ the ri§hfs or obli§ations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicative, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: ~eston ~. Gr~,~, Jr. COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERI_AND : On this ~J~/~/"J'day of _~.g~:~_, 2004, before me, the undersigned o~ personally ap'peared KPdST¥ M. GREEN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contai ned. -C~)MMOi~LAIdI'F~ O~ PENNSYLVAI~!I[A Rhonda D. Rudy, Notary Publi~/ [ ~ C~lisle Bom, Cum~rl~d CounW I Commission Expi~ Aug. 12, 2~6 [ COMMONWEALTH OF PENNSYLVANIA : : SS, COUNTY OF ~"'~ ', On this ~3r~day of ~Pr'~ [ , 20,04, before me, the undersigned officer, personally a[~peared WESTON R. GREEN, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within A§reement, and acknowledged that he executed the same for the purposes therein contained. KPdSTY M. GREEN PLAINTIFF VS. WESTON R. GREEN, JR. DEFENDANT : IN THE COURT OF COMMON pI.~.AS : CUMBERLAND COUNTY, : PENNSYLVANLA : : NO: 03-2843 CIVIL TERM _. : CIVIL ACTION-I~W PRAECIPE TO TRANSMIT TH]R RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under [(3301 (c)) of the Divorce Code. 2. Date and manner of service of the Compl:a.int: June 17, 2003 by certified letter to Defendant's counsel, John C. Porter. 3. Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: by Plaintiff 2/29/04 ; by Defendant 2/17/04 4. Related claims pending: None IN THE COURT OF COMMON OF CUMBERLAND COUNTY ST/~'FE OF ~~~ I-'mmtiff VERSUS ~STON R. GREEN, JR., NO. PENNA. PLEAS __ 0q-2843 CIVIl', TERM Defendant DECREE IN AND NOW,. DIVORCE , IT I$ ORDERED AND DECREED THAT KRISTY MARIE GRRRN __, PLAINTIFF, AND WESTON R. GRRF, N, JR. _, 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 /:'OR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; DNOTARY