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HomeMy WebLinkAbout07-3297EMMETT W. PRICE, I, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW e?... DOTTY N. PRICE NO. `1 (-1 j' 114 Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY ATI EW15•AT.,AW 26 West High Street Carlisle, PA a"?Z'J( " ' ??'/ J Ma as, Esquire Attorney 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff EMMETT W. PRICE, I, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW DOTTY N. PRICE NO. 0) 3 X? 7 G; ,,, j 4 ec,- Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Emmett W. Price, I, an adult individual residing at 512 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Dotty N. Price, an adult individual residing at, 512 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 11, 1981 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that he/she has SAIDIS, LINDSAY ATfUMM ATU1w 26 West High Street Carlisle, PA 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 marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree in her favor pursuant to 23 P.S. Section 3301( c) of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY C ? 1 & - -A (,-- k' Ma tas, Esquire Attorney 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: ?iCounsel for Plaintiff SAIDIS, FLOWER & LIlVDSAY ATIORNEYS.ANAW 26 West High Street Carlisle, PA 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. §4904, relating to unsworn falsifications to authorities. Emmett W. Price, I Date: ?a S A SAIDIS, FLOWER & LINDSAY AT QIV4EVS•ATiew 26 West High Street Carlisle, PA efa v _ W C `L7 c EMMETT W. PRICE, I, Plaintiff V. DOTTY N. PRICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-3297 - CIVIL TERM IN DIVORCE PRAECIPE TO REINSTATE DIVORCE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Divorce Complaint originally filed in the above captioned case on June 4, 2007. Respectfully submitted, SAIDIS, FLOWER & LINDSAY , I -'f ";`,,I11, "?' Marylon s, Esquire Attorney lk 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, )FLOWER & LPgDS" 26 West High Street Carlisle, PA EMMETT W. PRICE, I, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 0-)- 3 97 c{,;1 f{r^ DOTTY N. PRICE Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY ATIOPrs.,v uW 26 West High Street Carlisle, PA "-V17,w(Z7 Va5-? Ma as, Esquire Attomey Id 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 t? Counsel for Plaintiff czz ID nn . 4. t tT\ ? EMMETT W. PRICE, I, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW DOTTY N. PRICE : NO. ? Gl o I +erM Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Emmett W. Price, I, an adult individual residing at 512 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Dotty N. Price, an adult individual residing at, 512 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 11, 1981 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that he/she has SALDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 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 marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree in her favor pursuant to 23 P.S. Section 3301( c) of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Ma tas, Esquire Attorney 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: s15t j 6 - Counsel for Plaintiff SAIDIS, FLOWER &z LINDSAY Arrow M-AT uw 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I SAIDIS, FWNWR &z LINDSAY nrronr?s.,?:uw 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Date: '2--4-7 Emmett W. Price, I rmm t ; V J ..L v4 h ? w 1 d r EMMETT W. PRICE, I, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-3297 DOTTY N. PRICE Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Dotty N. Price, Defendant, accept service of the Divorce Complaint in the above-captioned matter by U.S. Mail. 10e, 2, Date Do N. Price co EMMETT W. PRICE, I, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-3297 Civil Term DOTTY N. PRICE Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed June 4, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. G Date: . ?/?-07 Emmett W. Price, I PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses it I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAIDIS, FLOWER & LENDS" 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ?? 3 d Emmett W. Price, I co EMMETT W. PRICE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 3297 CIVIL TERM DOTTY N. PRICE, : IN DIVORCE Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Dotty M. Price, Defendant in the above-captioned matter. Date: 7- p 8'' Respectfully Submitted: ne Adams, Esquire I. . No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT ti h? n a VD t ' om __~» ^?:,. EMMETT W. PRICE, I, Plaintiff v DOTTY N. PRICE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3297 Civil Term IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on October 1, 2005 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. I verify that the statements made in this affidavit are true and correct. I understand FLOWER & LINDSAY 26 West High Street Carlisle, PA that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: ? /kov 4Price, t / Emmet a 5C, EMMETT W. PRICE, I, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-3297 Civil Term DOTTY N. PRICE Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed June 4, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 7, Dotty N. Pr e DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAMIS, LINDSAY 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: Z 7 d Dott N. Price cz ? -> ?T C> ?? r LJ? ?_ ?, _ ? ??+ 1 ? .,,F,. °. ?? ,ia - ? EMMETT W. PRICE, I, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-3297 - CIVIL TERM DOTTY N. PRICE Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this - day of 6 A , 2008, between EMMETT W. PRICE, I, of 1938 A Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and DOTTY N. PRICE, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on July 11, 1981, in Carlisle, Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 07-3297 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 I l (1) SEPARATION: It shall 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 from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 512 South Pitt Street, Carlisle, Pennsylvania. Wife agrees that on the date of execution of this Agreement, she shall convey the real estate with improvements thereon erected at 512 South Pitt Street, Carlisle, Cumberland County, Pennsylvania to Husband by special warranty deed. Said deed shall be held in escrow by Marylou Matas, Esquire until such time as the affidavits of consent have been executed and filed and the property refinanced as set out below. Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify Wife from any loss thereon. Husband shall refinance said mortgage obligation within six months of the date of this agreement at which time the escrow deed shall be released to him or her. If Husband is not able to refinance the mortgage obligation within six months, Husband shall make all efforts to list the property for sale. Husband shall be 2 responsible for selecting a mortgage broker to be in control of the sale in all aspects. From proceeds of sale or refinance, the judgment certificate held by Barry Louden, recorded at Cumberland County, Docket No. 2007-3870, shall be satisfied. At the time of sale, Husband shall receive all remaining proceeds or be responsible for any deficiency. Husband shall make all payments up to the date of sale, including all taxes and insurance payments. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Wife shall be responsible for the joint Mastercard and RBS debt. Husband shall be responsible for the joint Visa. Husband agrees to maintain responsibility for any debt that is listed in his name individually. Wife agrees to maintain responsibility for any debt that is listed in her name individually. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on Octob 2005, the pdrty who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within fifteen (15) of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of 3 Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Marylou Matas, Esquire. Wife is represented by Jane Adams, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being 4 entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: 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 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. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered 5 into. (13) LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policy within fifteen (15) days of execution of this Agreement. (14) HEALTH INSURANCE: Husband and Wife maintain their own separate health insurance policies. Each party is responsible for their own uninsured medical expenses from the date of separation forward. Each party shall indemnify the other and hold each other harmless from and against any and all collection activity whatsoever related to uninsured medical expenses that may be instituted against either of them. (15) PENSION PLANS AND INVESTMENT ACCOUNTS: Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Wife's pension or retirement account as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. This includes any interest Wife has through her employment with the YMCA, the school district or the Hotel Carlisle. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's pension or retirement account as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. This includes any interest he has in any retirement, pension or investment account through his employment with James Bartoli. Each party is satisfied with the disclosure of the other as it relates to all interests of this 6 paragraph and the terms of this document. (16) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (17) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (19) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and 7 expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. 8 (20) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (21) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (22) NONCOMPLIANCE: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (23) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (24) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: -c- G' GL ( I U UJ =ettr' Dotty N. rice 9 r? ? ?^Y? r:_..r C,:.'7 ., ?J C::y "? J4? T? ....,? - ?' ? 7 ? ? __? ?•? f ?? ' .... _ f..., j ?,. 7 `1 EMMETT W. PRICE, I, Plaintiff V. DOTTY N. PRICE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3297 - Civil Term IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on July 28, 2007, via certified mail. Proof of service was filed with the Court on August 22, 2007. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: December 3, 2007 and filed with the Prothonotary on December 6, 2007. By Defendant: March 27, 2008 and filed with the Prothonotary on April 18, 2008. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: December 3, 2007 and filed with the Prothonotary on December 6, 2007. By Defendant: March 27, 2008 and filed with the Prothonotary on April 18, 2008. SAIDIS, FLOWER & LINDSAY FL OVER & LINDSAY ?s?uw 26 West High Street Carlisle, PA a tas, Esquire Supreme urt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 GC'^? x=1'1 ? ?q^ fL' i'?`?' '` ' C'} r-'? r`,,t ? ? ? ? ... ^"? ', i :?? C".-% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. EMMETT W. PRICE, T No. VERSUS DOTTY N. PRICE 07-3297 DECREE IN DIVORCE AND NOW, PA Q C-A I, L -Low IT IS ORDERED AND EMMETT W. PRICE, I DECREED THAT AND DOTTY N. PRICE ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated April 7, 2007 are BY THE COURT: PROTHONOTARY incorporated, but not merged, into this Decree in Divorce.