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HomeMy WebLinkAbout03-3710 v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ,(/3 - 37/0 ~ : Crvn.. ACTION - DIVORCE TODD A DUJ!'J!'lli, Plaintiff CHRIS K DUJ!'J!'lli, Defendant 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 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 Courthouse, One Courthouse Square, 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 RIGIIT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TODD A DlJ~'~'lli, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. . : NO. 03 - 31/ 0 : CIVILACITON - DIVORCE ClffiIS K DUn'lli, Defendant COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. The parties hereto are husband and wife and have entered into agreements for the resolution of their divorce, custody, support and equitable distribution issues through the collaborative process. 2. Todd A. Duffie (hereinafter "Husband") resides at 1168 Fleming Drive, Mechanicsburg, Pennsylvania 17055. 3. Chris K Duffie (hereinafter ''Wife'') resides at 804 Allenview, Mechanicsburg, Pennsylvania 17055. 4. Husband and Wife have been bona fide residents of this Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. Husband and Wife were married on October 21, 1995, in Cumberland County, Pennsylvania. 6. Husband and Wife have been living separate and apart since on or about January, 2003, a date prior to the filing of this Complaint. 7. There have been no prior actions of divorce or for annulment between the parties. 8. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 9. Husband and Wife are both citizens of the United States. 10. Husband and Wife have been advised of the availability of marriage counseling and of the right to request the Court to require the parties to participate in such counseling. Being so advised, Husband and Wife have waived the right to request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 11. Husband and Wife aver that the ground on which the action is based is that the marriage is irretrievably broken and that the parties have jointly agreed to seek this divorce. WHEREFORE, Husband and Wife respectfully request that Your Honorable Court enter a Decree of Divorce. COUNT I CUSTODY OF MINOR CIllLDREN 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The parties are the parents of two minor daughters, Taylor Duffie, born August 28, 1998; and Samantha Duffie, born December 10, 1999. 14. Through the collaborative process, the parties have agreed to terms for coparenting of their minor daughters which are set forth in a Stipulation for Custody which is being filed simultaneously with this pleading. WHEREFORE, Husband and Wife respectfully request that Your Honorable Court enter an Order pursuant to the terms of the parties' Stipulation for Custody. Respectfully submitted, DATKD tiJv 2q, -:' DD3 1/ "~ ra~.~. Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 fII:;::.". VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. CoSo S 4904 relating to unsworn falsification to authorities. ... /-- ~~ \~ '- ~~ I:> \1\ ~ ~~ ~ 'LI ~ ~' \:) \J' ~ V\ ' \V-; ~ ~ ~" I:S ~ 0"\ \\\~ . . ,~ ~~ () ~W :, 'th 1 j ~~c._ ~~-.^-, >' L_" --/ -< "-. ~ t \ ("".) ...;; . ;!'\ :;1 ,-' ~ -< : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA TODD A DUJ!'J!'l..I!;, Plaintiff v. . : NO. 03 F 371t) - . CuvJ CIffiIS K DUJ!'J!'l..I!;, Defendant : CIVIT.. ACTION - DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Plaintiff in the above- captioned case. Respectfully submitted, DATED: ., 1 <!. .{- ().tl'J ~ ~--) ra F. Blair preme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 (") c -c.l;~f rTl,>, 2:' . (2"/'0:' (' .l._, r::' ~, ~l. S:c '1.-::;.:- (~-. ->'c .'>, 3;1 '... , :,., c,,; STIPULATION FOR CUSTODY B.I!:l'W~ CHRIS K DUFFIE & TODD A DUFFIE The parties hereto, the parents of two minor daughters, having reached agreement with regards to the best interest and welfare of their minor daughters, hereby stipulate and agree as follows: 1. The parties agree to share legal custody of the parties' minor daughters, Taylor Duffie, born August 28, 1998; and Samantha Duffie, born December 10, 1999. The parties agree that major decisions concerning their minor daughters, including, but not necessarily limited to, the daughters' health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the daughters' best interest. Each party agrees not to impair the other party's right to shared legal custody of the minor daughters. Each party agrees not to attempt to alienate the affections of the minor daughters from the other party. Each party agrees to notifY the other of any activity or circumstance concerning their daughters that could reasonably be expected to be of concern to the other. The parties agree that day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to emergency decisions which must be made, the parties agree that the parent having physical custody of the minor daughters at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the parties further agree that the parent making the emergency decision shall inform the other of the emergency and consult with the other parent as soon as possible. The parties agree that each party shall be entitled to complete and full information from any doctor, dentist, teacher, other professional or authority and to have copies of any reports given to either party as a parent. 2. Todd A. Duffie (hereinafter referred to as "Father") and Chris K Duffie (hereinafter referred to as "Mother") agree to share physical custody of the parties' minor daughters. 3. The parties agree that Father shall have physical custody as follows: a. Alternating weekends from 5:00 p.m. Friday to 8:00 p.m. Sunday; b. On opposing weekends, from 5:00 p.m. Friday to 1:00 p.m. Saturday provided that Mother does not have plans with the children; C. As long as Mother is not working full-time Monday through Friday, for one month out of every three months, an additional full weekend instead of the partial weekend set forth in paragraph 3.b. with fifteen (15) days notice to Mother of the weekend to be taken; d. Two evenings per week from 3:00 p.m. to 9:00 p.m. with the evenings to be agreed upon by the parties; and e. Such other times as the parties may agree. 4. The parties agree that Mother shall have physical custody for all times not set forth in this Stipulation as times that Father has physical custody. 5. The parties agree that Father shall have custody on Father's Day each year from Saturday at 1:00 p.m. until Sunday at 8:00 p.m. and Mother shall have custody on Mother's Day each year from Saturday at 1:00 p.m. to 8:00 p.m. on Sunday. If either party loses his or her weekend as a result of the time set forth in this paragraph, the following or previous weekend shall be exchanged. 6. The parties agree that Father shall have the parties' daughters for three (3) overnights around the Fourth of July each year, Labor Day each year, and Thanksgiving Day at 8:00 p.m. to Saturday after Thanksgiving at 1:00 p.m. each year. Mother shall have the parties' daughters for Memorial Day each year. 7. The parties agree that all Monday holidays not set forth otherwise in this Stipulation when the parent is off from work shall be spent with the parent who had the minor daughters for the Sunday immediately preceding the Monday holiday. If the parties are unable to agree otherwise, the following holidays shall be alternated with Father having Trick or Treat night in odd- numbered years: A. New Years Day from 10:00 a.m. to 8:00 p.m. B. Easter from 1:00 p.m. Saturday to 1:00 p.m. Sunday; C. Easter from 1:00 p.m. to 8:00 p.m. Sunday; D. Halloween Trick or Treat night from after school to 8:30 p.m. (If Halloween trick or treat night is different in the two municipalities where the parties reside then both parents may have the daughters for the trick or treat night in their local mUnicipality); E. Thanksgiving from Wednesday after school to Thursday at 8:00 p.m.; F. Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m.; G. Christmas Day at 1:00 p.m. to 1:00 p.m. December 26. 8. The parties agree that the holiday schedule shall take precedence over the regular custody schedule. 9. The parties agree that each party shall be entitled to have the minor daughters for two weeks of uninterrupted time each year. The parent wishing to take the time shall provide the other parent at least fifteen (15) days written notice of the dates for the time with the minor daughters. First notice takes priority. 10. The parties acknowledge that the provisions of this Stipulation were arrived at though the collaborative law process and that this process this process best serves their long-term and ongoing coparenting goals, which require continued cooperation and communication. Therefore the parties agree that if the parties are unable to reach agreement on their own, any issues that arise regarding the terms of this Stipulation or changes needed to this Stipulation shall be made by use of the collaborative process, pursuant to the terms of the Collaborative Law Agreement entered into on May 29,2003. 11. The parties agree that the custody arrangements as set forth in this Stipulation represent a sharing of physical custody and that this schedule shall not be used by the parties for the purposes of establishing status quo in the event of custody litigation. 12. The parties agree that if a party is away from home overnight with the parties' daughters, that parent shall provide the other parent with an address and telephone number where the minor daughters may be reached. 13. The parties agree that during any period of custody or partial custody the parties to this Order shall not possess or use any controlled substance, except under a doctor's care, and shall not consume alcoholic beverages to the point of intoxication. The parties likewise agree to refrain from driving with the children in the vehicle if the party is under the influence of alcohol or a controlled substance. The parties agree to likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 14. The parties agree that each parent shall be entitled to reasonable telephone contact with the minor daughters when in the custody of the other parent. 15. The parties agree to refrain from making derogatory comments about the other parent in the presence of the minor daughters and to the extent possible shall prevent third parties from making such comments in the presence of the minor daughters. 16. The parties agree that either party may submit this Stipulation to the appropriate Court for entry as an Order. IN WITNESS WHEREOF, the parties hereto have entered into this Stipulation on the dates indicated. --......~ ~---- ~DDK~ E Dated: 7/lo/o::!:, ~Y- (\All J)h 0 CHRIS K DUFtI}' VI. C1J Dated: 1- ~O -03 TODD A DlIJ.<'J.<'u.;, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. C3 r 37/0 ~ AUG' 0 4 2003 'lY CIffiIS K DlIJ.<1"u.;, Defendant : CIVIL ACTION - DNORCE ORDER FOR CUSTODY ,- AND NOW, this -::> day of ~ , 2003, after review of the attached Stipulation for Custody Between Chris K Duffie and Todd A Duffie, it is hereby ORDERED AND DECREED that the terms of said Stipulation incorporated into this Order for Custody as though set forth in full herein. / ( , ~ J. r ~~ ~v~~~ rSJ l/\" ~' ~.() t> ,( IMr\~iMlIAS'Yi'J2d -. - ',;V.....,..., .'IV : 7:h ) L~ ' i,'.... !'" '- viiv':', J'" MARITAL SETTLEMENT AGREEMENT Dawn S. Sunday, Esquire 39 West Main Street ~ Suite #1 Mechanicsburg, P A 17055-6230 (717) 766-9622 Counsel for: Chris K. Duffie BY AND BETWEEN CHRIS K. DUFFIE AND TODD A. DUFFIE Nora F. Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 (717) 541-1428 Counsel for; Todd A. Duffie 03-.31/0 .' MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this I Co ~ day of .T ""'-1 ' 2003, by and between CHRIS K. DUFFIE, of Mechanicsburg, Pennsylvania (hereinafter referred to as "WIFE"), and TODD A. DUFFIE, of Mechanicsburg, Pennsylvania (hereinafter referred to as "HUSBAND"), WITNESSETH: WHEREAS, the parties are Wife and Husband, having been married on October 21, 1995 in Mechanicsburg, Pennsylvania; WHEREAS, differences have arisen between Wife and Husband in consequence of which they have decided to live separate and apart from each other and consent to a mutual consent divorce; and WHEREAS, Wife and Husband desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, the parties, intending to be legally bound, agree as follows: 1. ADVICE OF COUNSEL. Both parties agree and acknowledge that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Wife has obtained legal advice and representation from Dawn S. Sunday, Esquire. 2 '. Husband has obtained legal advice and representation from Nora F. Blair, Esquire. Both parties agree and acknowledge that they fully understand the facts upon which this Agreement is based, that they believe this Agreement to be fair and equitable, that this Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. 2. DISCLOSURE OF ASSETS. The parties warrant that they have given full, complete and accurate disclosure of all assets, of any nature, whether or not the assets were held jointly or in one name alone. The remedies available to either party for violation of this provision shall be those remedies available pursuant to law and equity including the right to punitive and compensatory damages. 3. PERSONAL RIGHTS. Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. 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 or engage in any business, occupation, profession or employment which to her or him may seem advisable. Wife and Husband 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 or in any manner whatsoever with her or him. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. EQUITABLE DISTRIBUTION. A. Real Estate. (l). The parties acknowledge that during their marriage they held, as tenants by the entireties, the fee simple interest in the marital 3 :. residence located at 1168 Fleming Drive, Mechanicsburg, Cumberland County, Pennsylvania. Wife shall transfer all her right, title and interest in the marital residence to Husband as his sole property in exchange for a lump sum payment from Husband to Wife as provided in the following provision. (2). Husband shall have Wife's name removed as mortgagor and shall assume liability in his sole name on the existing mortgage on the marital residence with ABN Amro Mortgage Group Inc., on which the parties are currently listed as joint mortgagors. On or before July 31,2003, Husband shall pay to Wife the lump sum of $30,000. 00 in cash or money order. (3). Wife shall sign the deed transferring the marital residence to Husband's sole name upon receipt from Husband's counsel on the condition that the deed is held by Husband's counsel until Wife's name is removed as mortgagor from the existing mortgage and Wife has received from Husband the lump sum payment of $30,000. as provided in provision 4A (2) of this Agreement. (4). Husband shall assume solely all encumbrances on the marital residence and will hold harmless, release, and indemnify Wife for any mortgage obligation, encumbrance or lien. (5). Husband shall pay all financing and transfer costs or fees in connection with the marital residence. Husband shall pay all past, present and future obligations, expenses, taxes, maintenance and costs relating to the marital residence. 4 (6). Wife shall have the right to reside in the marital residence until such time as she purchases and takes possession of a separate residence or until September 30, 2003, whichever occurs first. B. Household and Personal Propertv (1). Wife and Husband agree that the household property shall be allocated between the parties in accordance with the distribution listed on Schedule A of this Agreement. The parties agree that all property allocated to each on Schedule A shall be considered to be in that party's possession regardless of whether it has been physically separated. Except as otherwise stated on Schedule A, the parties agree that their personal property has been or will be divided to their mutual satisfaction. (2). Within fifteen days after the date of execution of this Agreement, Husband shall pay to Wife the sum of $1100.00 in cash, representing a distribution of Wife's interest in the refrigerator, washer and dryer which the parties agree shall remain in the Husband's possession when Wife relocates from the marital residence. The purpose of this payment from Husband to Wife is to enable Wife to purchase a refrigerator, washer and dryer, for Wife's separate residence. C. Motor Vehicles. (I). The parties agree that Wife shall retain possession of and receive as her sole and separate property the 1998 Honda which she drives, along with all rights tmder any insurance policy thereon. Wife shall assume total responsibility for payment of any loans and insurance premiums associated with the 1998 Honda. 5 Husband shall transfer title to the 1998 Honda to Wife's sole name in order to effectuate this provision within fifteen days of the execution date of this Agreement. (2). The parties agree that Husband shall retain possession of and receive as his sole and separate property the Ford Explorer which he drives along with all rights under any insurance policy thereon. Husband shall assume total responsibility for payment of any loans and insurance premiums associated with the Ford Explorer. D. Pensions and Retirement Benefits (l). Husband shall retain as his sole and separate property, free from any right, title, claim or interest of Wife, Husband's Reynolds Construction Management Inc. Retirement Savings Plan (401k) with a balance of$10,953.07 as of March 31, 2003. (2). Wife shall retain as her sole and separate property, free from any right, title, claim or interest of Husband, Wife's Vanguard Group Individual Retirement Account with a balance of $ 6,768.25 as of December 31, 2002. E. Children's Education Accounts The parties agree to continue to jointly maintain the joint accounts for the children's educational expenses which are currently held in the Vanguard STAR Fund ($ 4,651.39 balance as of May 28, 2003) and LifeStrategy Group Fund ($4,725.53 balance as of May 28, 2003). The parties agree to designate these funds to be used for educational purposes only for Taylor and Samantha, unless agreed otherwise between the parties. 6 F. Checking and Savings Accounts The parties agree to retain in joint names their Pennsylvania State Bank Gold Coin Checking Account (with a balance of $ 8,084.42 as of May 20, 2003) and Gold Coin Savings Account (with a balance of $ 1,577.05 as of May 20, 2003) until the day before Husband's first payday after settlement on Wife's new residence(which is also the day before Husband's first support payment is due). On the day before Husband's first support payment, the joint checking and savings accounts shall be transferred to Husband's sole name, with the then current balances being distributed sixty percent to Wife and forty percent to Husband. G. Life Insurance Wife is the owner of Universal Life Policy No. 865344, with a cash value of $345.96 (4/30/03) and Husband is the owner of Universal Life Policy No. 865345, with a cash value of $572.11 (4/30/03). The life insurance polices shall be the sole and separate property of the insured. Husband and Wife each agree to retain each other, their daughters or a trust for the benefit of their daughters as the beneficiaries of their life insurance policies with a face value equal to or exceeding that currently in existence until both of the parties' daughters are twenty-two (22) years of age. Further the parties agree that if the face value of the party's life insurance policies does not total One Hundred Thousand Dollars ($100,000.00), the party will name the other party, the parties' daughters, or a trust for the benefit of the parties' daughters as the beneficiary of the death benefit of the party's 401(k), Individual Retirement Account (IRA), other retirement or pension account, or other assets of the party's estate to reach a total death benefit for the parties' daughters of One Hundred Thousand Dollars 7 ($100,000.00), until both of the daughters are twenty-two (22) years of age. H. Tax Refund The parties agree that any tax refunds for the 2002 tax year which have not been deposited to the parties' joint checking or savings accounts prior to the date of execution of this Agreement, shall be equally divided between the parties. I. Miscellaneous Property Possession of any property not specifically addressed in this Agreement shall be discussed and agreed upon by the parties and shall be hereafter owned by the party to whom the property is distributed by agreement. This Agreement shall constitute a sufficient bill of sale to evidence a transfer of any and all rights in such property from one party to the other. 5. DISTRIBUTION OF LIABILITIES. A. Credit Cards. Wife shall assume full responsibility for payment of the balance ($5,127.00) on the Boston Celtics MBNA America Credit Card (No. 5490-9927-6102 XXXX). Neither party shall incur additional charges on the Boston Celtics account and the parties shall close the account promptly upon payment of the $5,127.00 balance. The outstanding balances at the end of the July billing cycle on the Chase Bank Toys R Us VISA Credit Card (No. 4253-3302-1053- XXXX), the First North American National Bank Credit Card (No. 4104-1300-0810-XXXX) and the City U Promise Master Card (No. 5424-1806-6262-XXXX) shall be paid from the parties' joint checking account. Any amounts charged after the close of the July billing cycle (mid to late July) on the Toys R Us, First North 8 American and City U Promise accounts shall be the responsibility of the party making the charge. All credit cards in joint names shall be closed or transferred to the sole name of the party using the account by July 31, 2003. B. Landscaping Invoice. Husband shall be responsible to pay the outstanding balance ($6,200.00) on the invoice from Davis Landscaping LTD. c. Verification. Upon request from the other party, each party agrees to promptly provide documentation verifying satisfaction of any liability for which that party assumes full responsibility under this Agreement. D. Ongoing Liability. Each party assumes the debts, encumbrances, taxes, and liens on all the property he or she will hold subsequent to the date of this Agreement. 6. LIABILITY NOT LISTED. With the exception ofjoint or family expenses for which the parties agree to use the joint checking and savings accounts pending Wife's purchase and relocation to a separate residence, each party represents and warrants to the other that 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 incurs it, and that party agrees to pay it, and to indemnify and hold the other party and her or his property harmless from any and all such debts, obligations and liabilities. 7. INDEMNIFICATION OF WIFE. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by 9 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 therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. 8. INDEMNIFICATION OF HUSBAND. If any claim, action 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 any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. 9. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each represent and warrant to the other that she or he will not at any time in the future incur or contract for any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible, with the exception of joint or family expenses incurred by agreement pending Wife's purchase of and relocation to a separate residence. From the date of execution of this Agreement, each party shall use only those Credit Cards/Accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining credit cards or accounts which provide for joint liability. Each party agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 10 10. CHILD SUPPORT, SPOUSAL SUPPORT, ALIMONY A. Child Support and Spousal Support / Alimonv. Beginning immediately upon relocation by Wife to a separate residence and continuing for a period of two years, Husband shall pay to Wife the amount of $1200.00 per month for the support of the parties' two daughters, Taylor and Samantha, and $800.00 per month for spousal support / alimony. In addition, Husband shall be responsible to pay the total cost ofthe children's preschool and 50 % of all childcare. All costs of medical, vision and dental care for the children and Wife which are not covered by insurance shall be allocated between the parties with Husband being responsible for 75 % and Wife being responsible for 25 %. B. Continuing Child SuPPort. After two years, Husband shall be responsible to pay support only for the parties' children in the amount of $1400.00 per month or as established by agreement of the parties, either independently or through the collaborative law process. Thereafter, the parties agree to review the child support amount at the end of April every year and make any necessary adjustments based upon the parties' incomes (including bonuses) and the children's needs. The parties agree to provide each other with copies of their respective federal income tax returns and W -2 statements for the preceding tax year. C. Automatic Payment. All support payments shall be made by automatic debit from Husband's bank account and automatic deposit to Wife's bank account on Husband's biweekly paydays beginning on the first payday after Wife's relocation to a separate residence. The first support payment shall be pro-rated to include the time period from the date of Wife's relocation to the first payment date. 11 D. Medical Insurance. Husband shall maintain medical insurance coverage for the children so long as it is available at a reasonable cost through his employer, unless otherwise agreed by the parties. In the event coverage is no longer available at a reasonable cost through Husband's employer, Wife shall provide coverage for the children through her employer's plan and Husband shall pay any premiums incurred by the Mother for the coverage. Husband shall also maintain medical insurance coverage for Wife until such time as Wife obtains employment with paid health insurance benefits or a divorce decree is entered terminating the parties' marriage. In the event Wife's health insurance coverage is terminated due to entry of a divorce decree, Wife shall be entitled to obtain COBRA coverage through Husband's employer, for as long as she is eligible. Wife shall pay the cost of COBRA coverage in the event a divorce decree is entered at Wife's request. Husband shall pay the cost of Wife's COBRA coverage in the event a divorce decree is entered at Husband's request until such time as Wife remarries or until September 1, 2005, whichever occurs first. 11. TAXES. A. Prior Tax Years. Wife and Husband warrant that they have heretofore paid all taxes on prior returns including the calendar year ending December 31, 2002; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. Husband shall give Wife notice of any deficiency assessment and Wife shall give Husband notice of any deficiency assessment of which they individually or collectively become aware. The parties agree that should it ultimately be determined 12 that any deficiency and/or penalty exists with respect to any jointly filed returns, the party responsible for the erroneous preparation and/or non-disclosure of information which has resulted in the deficiency and/or penalty, shall be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. If deficiencies or penalties become due as a result of individually filed returns, the party who filed the return shall be solely responsible for all sums due, and shall indemnify and hold harmless the other party for any payment thereon. B. Current and Future Tax Years. Except as indicated below, the parties agree that each shall claim one of the parties' daughters as a dependent for federal income tax purposes for so long as both may be claimed as dependents and that when only one of the daughters may be claimed as a dependent, the parties shall alternate the dependency exemption with Husband having the first year. The parties agree to cooperate with each other in filing federal income tax returns so that the filing status used (joint or individual), the dependency exemptions for the parties' daughters, and the amount of support to be claimed as alimony are handled by the parties so as to create the greatest tax benefit for both parties. If adjustments are made in the dependency exemptions or the amount reported as alimony and such that result in a combined overall tax savings, the parties agree to equally share in said savings and ensure that neither party is in a worse position financially as a result of the adjustment or filing status that he or she would have been without the adjustment. 13 12. DIVORCE DECREE At such time as either party wishes to obtain a divorce decree the parties agree to cooperate in filing all necessary documents with the Court, including a Divorce Complaint, Acceptance of Service of the Divorce Complaint, Affidavits of Consent, Waivers of Notice, Praecipe to Transmit the Records and Vital Statistics Form. 13. 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 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 this provision, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 14. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, effective upon the execution date, Wife and Husband waive 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. Each party waives any additional rights which that 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, and shall include all rights under the Pennsylvania Divorce Code. 15. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party specifically waives all beneficiary rights 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, and each party expressly states that it is her and his intention to revoke by the terms of this Agreement 14 .' any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If 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. However, in the event that either party specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 16. RELEASE OF CLAIMS. Wife and Husband agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to the Pennsylvania Divorce Code, and Wife and Husband waive any right to division of their property except as provided for in this Agreement. 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 intestate 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 arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. 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. 17. WAIVER OF PROCEDURAL RIGHTS. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division 15 of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the marital estate. Both parties hereby waive the following procedural rights: . The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code . The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code . The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital . The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, or any possible claims not addressed in this Agreement 18. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 19. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 20. MODIFICATION / BREACH. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties. If either party breaches any provision of this Agreement, the other party shall have the right, 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 16 breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 21. COLLABORATIVE LAW PROCESS. The parties acknowledge that the provisions of this Agreement were established through the collaborative law process and that this process best serves the parties' long term and ongoing coparenting goals, which require continued cooperation, communication and civility. Therefore, the parties agree that any issues which may arise concerning subjects covered by this Agreement, including modification and/or breach, shall be addressed through the collaborative process (pursuant to the parties' May 29, 2003 Collaborative Law Participation Agreement) ifthe parties are unable to resolve the issues independently. 22. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach of any provision of this Agreement. 23. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution ofthis 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. This Agreement shall become effective and binding upon both parties on the execution date. 25. 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 17 the parties' divorce. There shall be no modification or waiver of any of the terms unless made in writing by the parties. 26. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs 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 HEIRS. This Agreement shall bind the parties 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 discussed its provisions with an attorney of her or his own choice and has executed it voluntarily. 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 should be interpreted fairly and simply, and not strictly for or against either ofthe parties. 29. AGREEMENT TO BE INCORPORATED BUT NOT MERGED. This Agreement shall be incorporated in a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Pennsylvania Divorce Code, 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. 18 . IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. a ~J- ~ WITNESS ~ 4~ Chrz( CHRIS K. -~ ~....M _ ", ~DD A. D ,us band COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND BEFORE ME, the undersigned authority, on this day personally appeared CHRIS K. DUFFIE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. IOF GIVEN day of UNDER .lVll1 MY HAND AND SEAL OF OFFICE this ,2003. - J Notarial Seal Gail P. Minnich, Noti;W Public M~~~l:S~:U,~~;_ Boro,,?~:'bEnj8'ld. ~unty M~, Ceo r'. ,lb",lon EXpH~..:> Dec. 9, 2006 ~1eml.;er, Pe~";s;1::'Bni~ Assoc.iaUon Of Not3rieS Notar COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND BEFORE ME, the undersigned authority, on this day personally appeared TODD A. DUFFIE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. lOt- GIVEN day of UNDER MY ~(1 HAND AND SEAL OF OFFICE this ,2003. Notary pi: P~l ( 19 Noiaia! Seal Gait p, Minnicll, ~ot:lIY Public Mechanlcsbur9 BOlO. CUillbellencl County My Commission Expi(;j~; DSG. 9, 2006 f\.iernber, Pannsylva-niLj ~.r,;X:;:;iion Of Notaries . DUFFIE MARITAL SETTLEMENT AGREEMENT Schedule A Distribution of Household Property CHRIS DUFFIE Engagement Ring Small TV Telephone with cord Cell Phone Sun Room Furniture Kitchen Table Guest Bedroom Furniture Porch Furniture Knick Knacks / Jewelry TODD DUFFIE Computer Large TV Video Camera Stereo / radio Refrigerators Washer / Dryer Telephone - cordless Living Room Furniture Bedroom Furniture Computer Desk Crafting Table Children's Furniture Treadmill Outdoor Equipment VCR ,- ~~ ;",':') o -'f1 ..... ~ f:~'.~~ " ,~) \".J ,y"n .~:~ ~-X1 .-<C o ---~."-----------,----------.-..---_.". TODD A. DUFFIE, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-3710 Civil CHRIS K. DUFFIE, Defendant : CIVIL ACTION -- DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 330I(c) ofthe Divorce Code was filed on August 1, 2003, and served on August 29, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. 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. DATED: 1- /r 0 h "__"L-~~ /"TODD A. Plaintiff ^ - ---------~- --1 ! ,~,. , C) C~ l"'"4J CJ (;.~-'., C;.... o -II ::;J '- ~';-=;, --,.~ \..f) 1"0 e:., TODD A. DUFFIE, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-3710 Civil CHRIS K. DUFFIE, Defendant : CIVIL ACTION -- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to 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 Decree of Divorce 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. H904 relating to unsworn falsification to authorities. DATED: 1//1 jot,. /'/"\1\" " ,",' j \ '\ ,\ CHRIS K. D Defendant I 1'. ~0 C::::. C.~'.;' c~-. o -n L. V:j \ ',) C) TODD A. DUFFIE, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-3710 Civil CHRIS K DUFFIE, Defendant : CIVIL ACTION -- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to 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 Decree of Divorce 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. H904 relating to unsworn falsification to authorities. DATED: 1- /, - bit, -~ .......,~ . ~~~~. :"<~ r::::::> ~~ () ~n ::;:1 :":1 '- : -- .....0 I>:' I.~ TODD A. DUFFIE, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-3710 Civil CHRIS K DUFFIE, Defendant : CIVIL ACTION -- DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on August 1, 2003, and served on August 29, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. 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. H904 relating to unsworn falsification to authorities. DATED: / /1 Iou c-o <;:::::J 0 , -:1 ~" L_ ::;-J ~- ; '1 l..,0 hJ C) v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3710 Civil . TODD A DUl"l"lli, Plaintiff CHRIS K DUl"l"lli, Defendant : CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Dawn S. Sunday, Esquire, am the Attorney for Wife, Chris K Duffie, in the above-captioned matter. In that capacity, I am authorized to and have accepted service of the Complaint in Divorce, as of this the d-q'+1.- day of ftvgu-o;;t- , 2003. Da&~~~ Attorney for Wife 39 West Main Street Mechanicsburg, PA (~j -'11 --:\ :1.--'-' ;-"l~ 1~;C) F3 "\ 53 - c.:) -" ------------'" "......-.-- TODD A. DUFFIE, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-3710 Civil CHRIS K. DUFFIE, Defendant : CIVIL ACTION -- DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER ~ 3301(c) OF THE DIVORCE CODE 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 complaint: (a) Date of service: August 29,2003. (b) Manner of service: Acceptance of Service by Counsel for Defendant 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: (a) By the Plaintiff: January 6,2006 (b) By the Defendant: January 11, 2006 4. Date of execution of Waiver of Notice ofIntention to File Praecipe to Transmit Record: (a) By the Plaintiff: January 6, 2006 (b) By the Defendant: January 11, 2006 Related claims pending: NONE 5. ) DATED: January 18,2006 "" ,,,,~) ~ ,") ;"'h ~- ,() r:': = ,..;'f.:f.:f.:f.:+':+' . . . . . . . . . . . . . . . . . . . . ~:+.:+.~~:+.~"':+. ~"'~~~~~T.T.:+'~T.~T.~T.~T.~T.~T.T.~T.T.T.~T.~T.+'+'+'~T.T.T.T.T.~+'+'~T.~T.~T.~~~~T.~~:+'T.T.T.~ . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY c,~ PENNA. STATE OF TODD A. DUFFIE 03-3710 Civil Plaintiff No. . . . . . . . . . . . . . . . . . . VERSUS CHRIS K. DUFFIE Defendant DECREE IN . . . . . . . . . . . . . . . DIVORCE ~~2-) :Mb, IT IS ORDERED AND AND NOW, DECREED THAT 'T'Onn A nTTFFTF. , PLAINTIFF, . . CHRIS K. DUFFIE c' DEFENDANT, AND . . . . . . . . . . . . . . . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. TheM.aritalSettlementAgreement dated July 10, 2003, is incorporated into but not merged into this Decree in Divorce. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS YET BEEN ENTERED; ~~ ACTION FOR WH ICH A FI NAL ORDER HAS NOT J ./ -~;// B'T"C:(""' ,LL'? '" .../ "--.;;... . "'--""""" ~.-- ATTEST: ~ ~ j,-:~~A ~ ~ ~THONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~,..; ~ T. T. T. + . . . . T.+'~T.T.+'T.T.T.T.T.~T.T.+'T.? T."'T."'T.+'T.~ T.T.'t'+.:+. +.~+.'t'+'+'T.+'+'T.T.+'+'T.T.+'T.+'T.~+' ~ 'to +. +. +. +. +. T. +. T. + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . ;J t ,17. /t,J7f' ,-,;# 1f'?-J'Y,;Jift, Iior.~o / --r "Ii. r , ;1j" a' - ,,,,'VI'! tr'C(k7} , /9 W"fV' ., ~ 1'/). . r .. ~" .. ~< . * ~ /JiHtt / h,7.~1 -lei! -fl... . ------------------------