Loading...
HomeMy WebLinkAbout03-3873JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. - c vIL TEa_U : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. (~ - 3p~.3 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT Plaintiff is Jeanette M. Carter, an adult individual currently residing at 205 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania. Defendant is Kdstopher M. Carter, an adult individual currently residing at 6282 Withers Court, Harrisburg, Dauphin County, Pennsylvania. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on September 18, 2000, in Dauphin County, Pennsylvania. There have been no other prior actions for divome or annulment between the parties. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divome. WHEREFORE, Plaintiff requests your Honorable Court to enter a divome pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. TTE M. ARTER, P aintiff JEANETTE M. CARTER, Plaintiff V. KRISTOPHER M. CARTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-3873 CIVIL TERM : 1N CUSTODY AFFIDAVIT OF SERVICE AND NOW, this ~5°°'r day of August, 2003, comes Wendy J. F. Grella, Esquire, counsel of record for Plaintiff, Jeanette M. Carter, and states that a true and attested Copy of a Complaint in Divorce was forwarded to Defendant, Kristopher M. Carter, at 6282 Withers Circle, Harrisburg, Pennsylvania 17111, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on August 12, 2003. Attorney for t~aintiff ) GRIFFIE & 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscrib~l~ato before me this [ '~ day of. . ~d t~ , ,2003 O ARYq'tr 'tC · Compile items '1, 2, and :3..6Jao ¢ompk~te · ite~ 4 if R~thctad Delivery is dssimcl, P t your name and addres~ on the reverse s~at we can return the card to you. ic~ Addressed to: A. signature B. P~ceived by ( Printed Name) [] Agen! D. Isdelivefyeddmesdiff~mntfromlteml? r-'/ye~ l tf YES, enter d®livepj address below: [] No RESTRICTED 2. A~cle Numar PS Form 3811, August 2~1 ~m~ic Return R~eipt JEANETTE M. CARTER, Plaintiff/Petitioner KRISTOPHER M. CARTER, : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : :NO. 03-3873 CIVIL TERM Defendant/Respondent: 1N DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Jeanette M. Carter, by and through her counsel of record, Wendy J. F. Grella, Esquire and Petitions the Court as follows: Your Petitioner is the above-named Plaintiff, Jeanette M. Carter, an adult individual currently residing at 205 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania. Your Respondent is the above-named Defendant, Kristopher M. Carter, an adult individual currently residing at 6282 Withers Court, Harrisburg, Dauphin County, Pennsylvania. The parties are husband and wife and are parties to a divorce proceeding initiated by the Petitioner to the above docketed action. The parties signed a document captioned "Marriage Settlement Agreement" on or about July 8, 2002, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". At the time of signing of the Agreement, Respondent was represented by Marianne Rudebusch, Esquire. At the time of signing the Agreement, Petitioner was not represented by independent counsel. At the time of signing the agreement, the parties were separated. The agreement is non-binding and void for the following reasons: a) At the time of executing the agreement, the parties were separated and the Petitioner was under severe financial stress and duress, causing her to feel forced to sign the document; b) The aforesaid document was executed under duress, coercion and not the voluntary act of Petitioner; c) At the time the document was executed, Petitioner was under severe stress which caused her to be unable to understand the document she was signing or otherwise formulate an opinion as to the appropriateness, reasonableness or fairness of the aforesaid document; d) Petitioner, at the time of executing the document, was the custodial parent for her daughter, namely Alyssa Monet Carter, and[ was not receiving any financial assistance to care for the child, which created additional stress and hardship for the Petitioner; e) At the time of executing the document, Respondent was knowledgeable in various legal matters and represented by counsel, while Petitioner had no knowledge to legal matters associated with their separation; f) At the time of executing the document, Petitioner did not have the opportunity to secure independent legal advice and was under the impression and understanding that assets in Respondent's name alone or assets which Respondent had purchased prior to the parties' marriage would not be taken into consideration as marital assets, either in whole or in part; g) i) J) 1) At the time of executing the document, Petitioner was not fully aware of her right to request, alimony, alimony pendente lite, support or other maintenance; Neither party initiated any legal action in the summer of 2002 while they were separated such as a divorce action, support action or the like and, therefore, Petitioner did not realize she had the right or the need to secure legal advice to determine her rights relative to her marriage to and separation from Respondent; At the time of executing the document, Petitioner was financially dependent upon Respondent; At the time of executing the document, Petitioner had been advised by the Respondent that a document was being prepared by Attorney Rudebusch; and Attorney Rudebusch, who Petitioner now understands was Respondent's legal counsel, met with Petitioner in attorney Rudebusch's office and Petitioner was given the impression that she was receiving legal advice and was obligated to execute the document; Petitioner was not aware of the parties' marital assets or the value of those assets as there was not full and fair disclosure prior to execution of the document; At the time of executing the document, Petitioner had limited opportunity to review the document, had no independent legal advice and was aware that the document was prepared by Respondent's attorney, but felt unable to object to the document for all of the reasons set forth above; and Petitioner advised attorney Rudebusch she could not afford to retain an attorney to represent her, yet attorney Rudebusch took no further action to refer Ms. Carter to legal services or to advise her how to request pro bono representation. 10. 11. The document as prepared and executed is totally inequitable and unfair, providing Respondent with all marital assets and denying Petitioner any marital assets of any nature; and The agreement was signed under duress, coercion, undue hardship, undue influence and a mistaken understanding of the law. The agreement is unfair, unreasonable and inequitable. WHEREFORE, Petitioner requests Your Honorable Court to enter an Order determining that the Marriage Settlement Agreement dated July 8, 2002, ils null and void for the reasons set forth herein. Respectfully submitted, Wendy J. F. G~la,~squi 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE:~~ ETTE M. CARTER, Plaintiff MARRIAGE SETFLEMENT AGREEMENT THIS AGREEMENT is made and entered into between KRISTOPHER M. CARTER and JEANETTE M. CARTER, hereinafter referred to as Husband and Wife. The parties were married on 9/18/00 and there is one child born of their marriage, to wit, ALYSSA M. CARTER, born 7/17/00. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relations]hip. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authoritY and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges Ihat the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was not represented by an attorney in reaching this Agreement, even though she was advised to do so and Husband represents that he was represented by Marianne E. Rudebusch, Esq., in reaching this Agreement. Husband represents that the terms of this Agreement have been fully explained to him by his counsel. 5. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or sh~tll be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreeraent. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband: Wife: 1996 Jeep Cherokee 1998 Chevy Cavalier The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party. The parties agree that Wife shall be solely responsible for the loan on her car with Waypoint Bank which is under the name of Frank Carter. In the event Wife fails to make timely paymenls on this loan, the car shall be returned to Mr. Frank Carter within three (3) business days of a written request by him. Wife will be solely responsible for obtaining adequate insurance for this vehicle and will provide Frank Carter with proof of such insurance if requested by him. 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - All debts in her name alone. Lease for 4230 King George Drive, Apt. B, Harrisburg, PA, 17109 B. HUSBAND - All debts in his name alone. 11. LEGAL FEES Each party shall pay his or her own attorneys fees. 12. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of a~y claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. 13. MISCELLANEOUS[ All assets including, but not limited to, savings; accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 7 The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 14. CHILDREN A. CUSTODY AND VISITATION - The parties shall share equal legal and physical custody of the child born of this marriage. The parties will share physical custody as agreed between the parties. 15. HEALTH INSURANCE - CHILD Husband agrees to provide health insurance for the child for so long as it is available to him by his employer. If said insurance becomes unaw~tilable to Husband and Wife has entitlement to insurance which can be provided to her, saiid insurence will be furnished by Wife. In the event that neither tlusband nor Wife have insurance furnished to them by their employer, then the cost of insurance shall be borne such that fifty percent (50%) shall be allocated to Husband and fifty percent (50%) shall be allocated to Wife. All non-covered medical expenses shall be divided 50/50 between the parties. 16. CHILD SUPPORT Neither party shall pay child support to the other. Daycare expenses for the child shall be divided equally between the parties. The child shall be claimed as a dependant for income tax purposes in alternating years. Father shall claim the chi~ld in even years and Mother shall claim the child in odd years. 17. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will nov,' and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except :as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other l0 than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stal:ed herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be: construed as a waiver of any subsequent default of the same or similar nature, nor shall ir be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT- Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Each party sh~tll at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. M. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. N. ATTORNEY'S FEES FOR ENFORCEMENT ~ In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in 12 enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. O. The parties agree that Wife shall resume her previous name within Fourteen (14) days of the issuance of a Decree in Divorce. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ~ day of ~/~"~'~ ,2002, at Harrisburg, Pennsylvania. In the presence of: WITNESS WITNESS (SEAL) Kristopher M. Carter nette M. C~rter 3.3 JEANETTE M. CARTER, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KRISTOPHERM. CARTER, : NO. 03-3873 CIVIL TERM Defendant/Respondent: IN DIVORCE CERTIFICATE OF SERVICE I, Wendy J. F. Grella, Esquire, hereby certify that I did, the ~_ d~ay of October, 2003, cause a copy of Plaintiff/Petitioner's Petition for Special Relief to be served upon Defendant by first class mail, certified, restricted delivery, and postage prepaid, at the following address: OATE:_\C -cL Kristopher M. Carter 6282 Withers Court Harrisburg, PA 17111 Wendy J ~uir~'x Atto,'ney ¢C GPdFFIi} & ~ES 200 Nova Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 JEANETTE M. CARTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW OCT ~)g 2DO~ KRISTOPHER M. CARTER, : NO. 03-3873 CIVIL TERM Defendant/Respondent: 1N DIVORCE ORDER OF COURT AND NOW, this /O4'~day of October, 2003, upon presentation and consideration of the within Petition, a hearing is scheduled on this matter for /llav-//:~ , the ~,~q~day of ]0~, 2003, at [.'0t / .m. in Courtroom ;umber ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. (? CC: v/Wendy J. F. Grella, Esquire, Attorney for Plaintiff v/Kristopher M. Carter, Defendant, Pro Se JEANETTE M. CARTER, ~laintiff/Petitioner KRISTOPHERM. C^ AND NOW, counsel of record for copy of a Petition fo~ forwarded to Kristopt mail, restricted deliv indicating that service Sworn and subscribe, before me this I~[OTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW RTER, :NO. 03-3873 CIVIL TERM )efendant/Respondent: IN DIVORCE AFFIDAVIT OF SERVICE tis Q,,.~4B day of October, 2003, comes Bradley L. Griffie, Esquire, ?laintiff/Petitioner, Jeannette M. Carter, and states that a true and attested Special Relief and related Order of Court dated October 10, 2003, was r M. Carter, at 6282 Withers Court, Harrisburg, PA 17111, by certified y, return receipt requested. A copy of said receipt is attached hereto was made on October 21, 2003. I to ~ day ,2003 -~ <~or~ey for~t~ntiff/fl~etitioner GRIFFIE & ASSOCIATES 200 North Hanow~r Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 11/19/2883 15:39 717-657-1512 M~RI~NN£ E RUDEBUSCM JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3873 CIVIL ACTION - LAW IN DIVORCE ANDNOW, this ~ ~/~dayofZJ~ ,2003, it is hereby ORDERED and DECREED thai the hearing scheduled for Monday, November 24, 2003 in the above matter is cancelled. Said hearing is ~cscheduled for the I ~'f~ day of ~ ,, , 2003 at /.'0/.) o'clock ~0 ,m. in Courtroom Number ~ of the Cumberland County Courthot,,~, 1 Courthouse Square, Carlisle, Pennsylvania. 11/1S/2003 IB:3S 717-B57-1512 MARIANNF E RUDEBUSOH · MARI E. RUDEBU SCH A'ITORNI~y ,AT LAW 4711 la.a;u,sl La~c Harrisburg, PA 1710q PAGE (717) 65741632 Faa (717) fi~7-~$12 01 FAX TRANSMITTAL SHEET TO: FAX NUMBER: FROM: DATE: MESSAGES/COMMENTS: TOTAL NUMBER OF PAOES INCLUDING THIS PAGE: ~ --"-- HARD COPY WILL BE SENT X_ HARD COPy WILL ~ BE SENT_ privilc The information contained in this telefa ' · . _ .. g~d und conlJdt:ntial, intended n.,., ~ .... ~lie message is lransmitled by an ~** ....... reader of this message Js not ~e intended, you am hereby notified that dis~mination. -~, o-=m~[y named above. If the distribution or copy of {his communication is strictly prohibited, aoy received in error, p~ease immediately notify thin offi~, l.f this ~mmunimfion has been 11/1B/200~ 4711 Locust Lane Harrisburg, PA 17109 717-657-1512 MARIANNE E RUDEBUSeH MARIANNE E. RUDEBUSCH ATTORNEY AT LAW PAGE 02 (71~657-063.~. F~$57-1512 November 19, 2003 VIA FAX AND ]REGULAR MAIL The Honorable Edward E. Guido Cumberland County Courthouse I Courthou~ Square Carlisle, PA 171) 13 RE: CARTER V. CARTER NO. 03-$873 Dear Judge Guido: This office wan retained by Kristopher M. Carter on Monday, November 17, 2003. Marianne Rudebusch is on a cruise and is unaware that Mr. Carter has retainer her. Mr. Caner advised me that a hearing is scheduled before you on Monday, November 24, 2003 at 1:00 p.m. Attorney Rudebusch has a conflict and is not able to attend or prepare liar the hearing. Theretbrc. on Attorney Rudebusch's behalf, I am requesting that this matter be continued. I contacted Griffic & Associates and Bradley Gfiffie, E.~quire, attorney for the Petitioner, concurs with my request for a continuance. 1 am enclosing an Order ~o that the hearing may be rescheduled, lfyou have uny questions, please contact me. Ve~ truly yours, Katherine A. Frcy Legal Assistant /kaf cc: Bradley L. Griffic, E,.~luire Ktistophe~ M- JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3873 CIVIL TERM IN DIVORCE PETITION FOR CONTINUANCE AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is counsel of record for the above-named Plaintiff, Jeanette M. Carter. Defendant, Kristopher M. Carter, is represented by Patricia J. Romano, who entered her appearance on December 10, 2003. A hearing is scheduled in this matter for Friday, December 19, 2003, at 1:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse. With the involvement of opposing counsel, the parties believe that they may be able to resolve this matter given time to exchange documents and provide information to each party. Petitioner requests, with the concurrence of opposing counsel, Patricia J. Romano, that the hearing in this matter scheduled for Friday, December 19, 2003, at 1:00 p.m. be continued generally, to be rescheduled at the request of either party or counsel. WHEREFORE, Petitioner requests your Honorable Court to continue the hearing scheduled in this matter generally, to be rescheduled at the request of either party or counsel.. Respectfully submitted, 't Esqiff/P;}~t~oner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. ,E~squire JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 03-3873 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did the ~ day of December, 2003, cause a copy of Plaintiff's Petition for Continuance to be served upon Defendant's attorney of record by facsimile and first class mail, postage prepaid at the following addresses: Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 DATE: uire TES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 JEANETFE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3873 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter the appearance of Patricia J. Romano, Esquire on behalf of the Defendant in the above referenced matter. Respectfully Submitted, (717) 657-0632 Id. No. 88161 JEANETFE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3873 : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, comes the Defendant, Kristopher M. Carter, by and through his attorney Patricia J. Romano, Esquire, and respectfully files the following Answer to Plaintiff's Petition for Special Relief: 1. Admitted. 2. Admitted. 3. Admitted in part. Denied in part. It is admitted that the parties are husband and wife. It is denied that the parties are parties to a divorce proceeding initiated by the Petitioner to the above docketed action. Respondent is unaware of, nor has been served with a Complaint in Divorce. 5. 6. 7. 8. Admitted. Admitted. Admitted. Admitted. a) Admitted in part. Denied in part. It is admitted that the parties were separated at the time of executing the agreement. Defendant is without b) d) e) sufficient knowledge to form a belief as to whether or not the Petition was under severe financial stress and duress causing her to feel forced to sign the document, therefore, this averment is denied. Denied. The Detendant is without sufficient knowledge to form a belief as to the truth of this averment, and therefore, it is denied. Denied. The Defendant is without sufficient knowledge to form a belief as to the truth of this averment, and therefore, it is denied. Furthermore, at the time of signing, Petitioner asked pertinent questions, indicative of her understanding the document. Denied. The parties equally shared physical custody of the minor child, Alyssa Monet Carter, as well as daycare expenses, at the time of executing the document and continue to do so. Admitted in part. Denied in part. It is admitted that at the time of executing the document, Respondent was represented by counsel. It is denied that Petition had no knowledge of legal matters associated with their separation. To the contrary, Petitioner was advised to obtain counsel to advise her in the signing of the document, but refused to do $0. Denied. It is specifically denied that at the time of executing the document Petitioner did not have the opportunity to secure independent legal advice. To the contrary, Petitioner was advised to obtain counsel to advise her in these matters. The Defendant is without sufficient 2 g) h) i) J) knowledge to form a belief as to whether or not the Petitioner was under the impression and understanding that assets in Respondent's name alone or assets which Respondent had purchased prior to the parties' marriage would not be taken into consideration as marital assets, either in whole or in part; therefore, it is denied. Denied. The Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment, and therefore, it is denied. Admitted in part. Denied in part. It is admitted that neither party initiated any legal action in the summer of 2002 while they were separated, such as a divorce action or support action. The Defendant is without sufficient knowledge or information to form a belief as to whether or not Petitioner realized she had the right or the need to secure legal advice to determine her rights relative to her marriage to and separation from Respondent; therefore, it is denied. Further, Petitioner was advised to obtain counsel to advise her in these matters. Denied. It is denied that at the time of executing the document Petitioner was financially dependent upon Respondent. To the contrary, at the time of executing the agreement, Petitioner earned more money as an exotic dancer than Respondent. Admitted. 3 k) 1) m) n) Admitted in part. Denied in part. It is admitted that Petitioner met in Attorney Rudebusch's office. It is denied that Attorney Rudebusch now represents the Respondent. To the contrary, Patricia J. Romano, Esquire, now represents the Respondent. The Defendant is without sufficient knowledge to form a belief as to whether or not the Petitioner was given the impression that she was receiving legal advice and was obligated to execute the document; therefore, it is denied. To the contrary, Petitioner was advised to obtain her own legal counsel. Denied. It is denied that Petitioner was not aware of the parties' marital assets or the value of those assets and therefore, this averment is denied. Admitted in part. Denied in part. It is admitted that Petitioner had no independent legal advice and was aware that the document was prepared by Respondent's attorney. It is denied that Petitioner had limited opportunity to review the document. To the contrary, Petitioner was advised to obtain her own legal counsel prior to signing the document and was given ample opportunity to review the document prior to signing. Admitted in part. Denied in part. It is denied that Petitioner advised Attorney Rudebusch she could not afford to retain an attorney to represent her. It is admitted that Attorney Rudebusch took no further action to refer Ms. Carter to legal services or to advise her how to request pro bono representation. 4 9, Denied. It is denied that the document as prepared and executed is totally inequitable and unfair, providing Respondent with all marital assets and denying Petitioner any marital assets of any nature. 10. Denied. It is denied that the agreement was signed under duress, coercion, undue hardship, undue influence and a mistaken understanding of the law. 11. Denied. It is denied that the agreement is unfair, unreasonable and inequitable. WHEREFORE, Respondent requests that this Honorable Court deny Plaintiff's Petition for Special Relief. Dated: Res. p~ectfully Submitted, Pamcia J. Romano, t~jquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3873 : : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Kristopher M. Carter Date: ,/~- i 0 JEANE~FE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03.3873 : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE Secretary to Patricia J. Romano, Esquire, Attorney for the Defendant, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and via fax to the following addressee: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff BY~'~/~//~,~ ~~ Katherine A. Frey JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant DEC 1 7 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 03-3873 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this ]~day of ~ ., 2003, upon presentation and consideration of the within Petition, the hearing previously scheduled in this matter for Friday, December 19, 2003, at 1:00 p.m. is hereby continued generally to be rescheduled at the request of either party or counsel. Cc~ ,/~radley L. Griffie, Esquire Attorney for Plaintiff //batricia J. Romano, Esquire Attorney for Defendant Edward E. Guido, Judge 08 ;Oi ~ O I ,')301~OOZ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between KRISTOPHER M. CARTER and JEANETTE M. CARTER, hereinafter referred to as Husband and Wife. The parties were married on 9/18/00 and there is one child born of their marriage, to wit, ALYSSA M. CARTER, born 7/17/00. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and mal~e arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutua]~ promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE; The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and 'warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was not represented by an attorney in reaching this Agreement, even though she was advised to do so and Husband represents that he was represented by Marianne E. Rudebusch, Esq., in reacl'dng this Agreement. Husband represents that the terms of this Agreement have been fully explained to him by his counsel. 5. EOUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the executiont and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole 3 or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped[ from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to. expedite such divorce. 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband: Wife: 1996 Jeep Cherokee 1998 Chevy Cavalier The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party. The parties agree that Wife shall be solely responsible for the loan on her car with Waypoint Bank which is under the name of Frank Carter. In the event Wife fails to make timely payments on this loan, the car shall be returned to Mr. Frank Carter within three (3) business days .of a written request by him. Wife will be solely responsible for obtaining adequate insurance for this vehicle and will provide Frank Carter with proof of st~ch insurance if requested by him. 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and. neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - All debts in her name alone. Lease for 4230 King George Drive',, Apt. B, Harrisburg, PA, 17109 B. HUSBAND - All debts in his name alone. 11. LEGAL FEES Each party shall pay his or her own attorneys fees. 12. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. 13. MISCELLANEOUS All assets including, but not limited to, savings; accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to tl~te adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local :income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or fai[lures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 14. CHILDREN A. CUSTODY AND VISITATION - The parties shall share equal legal and physical custody of the child born of this marriage. The parties will share physical custody as agreed between the parties. 15. HEALTH INSURANCE - CHILD Husband agrees to provide health insurance for the child for so long as it is available to him by his employer. If said insurance becomes unavailable to Husband and Wife has entitlement to insurance which can be provided to her, said insurance will be furnished by Wife. 8 In the event that neither Husband nor Wife have insurance furnished to them by their employer, then the cost of insurance shall be borne such that fifty percent (50%) shall be allocated to Husband and fifty percent (50%) shall be allocated to Wife. All non-covered medical expenses shall be divided 50/50 between the parties. 16. CHILD SUPPORT Neither party shall pay child support to the other. Daycare expenses for the child shall be divided equally between the parties. The child shall be claimed as a dependant for income tax purposes in alternating years. Father shall claim the child in even years and Mother shall claim the child in odd years. 17. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respeclive counsel shall mutually agree should be so executed in order to carry out fully and effectiYely the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other 10 than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict 13_ performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT .- Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. M. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. N. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in 3_2 enforcing the terms thereof, the parties hereby agree that ~:he breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. O. The parties agree that Wife shall resume her previous name within Fourteen (14) days of the issuance of a Decree in Divorce. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ~ day of~.f~,.t .2002, at Harrisburg, Pennsylvania. In the presence of: WITNESS WITNESS Kristopher M. Carter J~anette lVl. Carter (SEAL) 3.3 JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-3873 : IN DIVORCE ,AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (e) of~te Divorce Code was filed on August 8, 2003, and served on August 12, 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 Coi,~laint. 3. I consent to the entry ora final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 ALITHORITIES. TTE M. CARTER, Plaintiff JEANETTE M. CARTEI~ Plaintiff KRISTOPHER M. CARTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 03-3873 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on August 3, 2003, and served on August 12, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om 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 THE FOREGOING 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. KRIffT-0~F/I~R ~i. CARTER, Defendant JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant : IN THE COURT OF' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-3873 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST TI~E ENTRY OF A DIVORCE DE~RE~ UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree/n divmx~e without notice. 2. I understand that I may lose rights concc~-ning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. DATE: I VERIFY THAT THE STATEMENTS MADF, IN THE FOREGOING 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. ,E'ITE M. ¢,ARTL~ Plaintiff JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW : NO. 03-3873 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST TIlE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced umil 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 THE FOREGOING 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 KRIST*O~Pi~EI~IVI. CA~TER, Defendant JEANETTE M. CARTER, Plaintiff KRISTOPHER M. CARTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-3873 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: decree- Transmit the record, together with the following information to the court for entry of a divorce 1. Ground for divorce: Irretrievable breakdown under §3301 (c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by accept~ace of service on August 12, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: July 8, 2004 by Defendant:: June 23, 2004 (b) (1) Date of execution of the affidavit required by §31501 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affi&,vit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 8, 2004 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 8, 2004 ~ttorrtey for P,.l.i~,nt..iff ( 3618 North Sixth"Slm~ P. O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 IN THE COURT Of COMIVION PLEAS OF CUMBERLAND COUNTY STATE OF ~~~ PENNA. JEANETTE M. CARTER, Plaintiff VERSUS KRISTOPHER M. CARTER, Defendant N O. 03-3873 DECREE IN DIVORCE AND N OW, ~~~-- DECREED THAT Jeanette M. Carter 2004, it IS ordered AND , PLAINTIFF, AND Kristopher M. Carter ~ DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A F~NAL ORDER HAS NOT Yet BEEN ENTERED; The attached Marriage Settlement Agreement dated 7/8/02 is hereby incorporated, but not~,~ ATTEST: this Divorce Decree. AL/~~p ROTHONOTARY ~' + + + ++ ++ + + + +