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HomeMy WebLinkAbout07-3708DAVID TREVOR JAQUEZ, a minor by his natural parents and guardians, DAVID JAQUEZ and PATRICIA JAQUEZ, V. BILL RAY RUSSELL, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 370P CIVIL ACTION - LAW MINOR'S COMPROMISE PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTIONS Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, David Jaquez and Patricia Jaquez, the natural parents and guardians of minor, David Trevor Jaquez, by his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esq., petition this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof, avers: 1. David Trevor Jaquez, was born on December 14, 1998, and is therefore, 8 years old and a minor. He currently resides at 2334 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Petitioners, David and Patricia Jaquez, are adult individuals and said minor's natural parents and legal guardians and currently reside at 2334 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. It is petitioners' contention that the best interests of the minor, David Trevor Jaquez, will be served by having his natural parents and guardians serve in this action. 4. Respondent, Bill Ray Russell, is an adult individual and he currently resides at 217 Springview Road, Carlisle, Cumberland County, Pennsylvania. 5. At all times material hereto, the minor, David Trevor Jaquez, was the back seat passenger of a 2004 Ford Sedan, being operated by Petitioner, David Jaquez, bearing Pennsylvania Registration Number GFC-8560. 6. On or about February 1, 2006, at approximately 7:29 p.m., Petitioner's vehicle was traveling southbound on Ritner Highway and was stopped at a red light at the intersection of Industrial Drive when it was struck from behind by Respondent's 2003 Jeep Wrangler from behind. 7. As a direct and proximate result of the collision, minor, David Trevor Jaquez, suffered trauma including pain in his neck, forehead and around his left ear. David Trevor was brought to Carlisle Regional Medical Center by his parents on the day of the accident and released later that night. David Trevor had radiography done following the accident and a follow-up revealing a decrease in his pain symptoms was conducted on April 27, 2006. 8. Minor, David Trevor Jaquez, was emotionally affected by the accident and feared for his safety, asking to sleep in his parents' bed after the accident for fear of sleeping alone. 9. Minor, David Trevor Jaquez, missed school the following day in order to rest and was very fatigued two days following the accident, spending part of the day in the school nurse's office, recovering. 10. At the time of this collision, the minor, David Trevor Jaquez, was insured under Petitioner, David Jaquez's automobile insurance policy with Nationwide Insurance Company. To date, Petitioners have filed an application for insurance benefits but have received none from their automobile insurer. -2- 11. After protracted negotiations, State Farm Insurance Company, the carrier of Bill Ray Russell, agreed to a gross settlement of $1,000 for the minor, David Trevor Jaquez. 12. Petitioner believes said settlement is in the best interests of the minor and proposes to accept said settlement offer of $1,000. 13. Stephen G. Held, Esquire, of HANDLER, HENNING & ROSENBERG, has been the attorney for the minor in this action and he requests reasonable counsel fees of $250.00 for services rendered plus costs and expenses of $103.00 pursuant to a Contingent Fee Agreement signed by Petitioner. Thus, the total amount requested for attorney's fees and costs is $280.51. (See, attached as Exhibit "A", the fee agreement and Exhibit "B", a true copy of the billing summary). 14. Petitioner further requests this Honorable Court to order a payment of the balance of $647.00 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, David Trevor Jaquez, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction." 15. Petitioners, David and Patricia Jaquez, believe that this Compromise is in the best interest of their minor child, David Trevor Jaquez. 16. Respondent, Bill Ray Russell, believes that this compromise is in the best interest of the minor, David Trevor Jaquez. -3- WHEREFORE, Petitioner requests this Honorable Court to: a) Approve the Compromise above-stated; b) Authorize the payment of fees above-stated from funds due the minor; and c) Direct payment of the net funds due, in accordance with the Compromise above-stated. Respectfully submitted, DATE t'? HANDLER, HENNING & ROSENBERG BY: " '? k ? phe el , squire I.D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioner -4- VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. G. /3- 07 1 2-2 t=l .) 6'-? David Jaqudz' 11 d- Date P.4 I e ?c t,-z p Patricia Jaquez Da CONTINGENT FEE AGREEMENT I, Patricia Jaquez, Parent and Legal Guardian of David Trevor Jaquez do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against Defendant(s) yet to be determined or against anyone else as a result of injuries and damages I sustained in an incident that occurred on 2/1/06. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (331/:3%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. l understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, February, 2 06. have hereunto set my hand and seal this 8th day of 14 (SEAL) Patricia ?A-"_Lyc- Jaquez Parent and Legal Guardian of David Trevor Jaquez F_--,l h'Ib,+ „A ondler, Qnning Client No: 211162 OsenbergALP Matter: 00000 Attorney: SGH ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 MV Pre-Bill No: 22354 Bill Date: June 18, 2007 David Trevor Jaquez 2334 Ritner Highway Carlisle, PA 17013 INVOICE PAYMENT DUE UPON RECEIPT EXPENSES 02/24/2006 Vendor ALEXANDER SPASIC FAMILY MEDICINE; General Case Expense- 24 50 CASE 02/24/2008 $24.50 . 07/26/2006 Book Binding Costs 2 00 BIND 071-26/2€06 $2.00 . 06/18/2007 Vendor PROTH OF CUMBERLAND CO; General Case Expense 78 50 CASE 06118/2007 $78.50 . 06/30/2007 Document Reproduction 0 20 ISt 0613W2007 $0.20 . 06/30/2007 Postage Costs 1 17 POS 06/30/2007 - =$1.17 , 06/30/2007 Postage Costs 2 55 POST 06130YD07 $155 . 06/30/2007 Long Distance Telephone Charges 0 09 TELE 06/3012M7 $0`09 . TOTAL EXPENSES $109.01 Total due this invoice $109.01 TOTAL BALANCE DUE $109.01 &h; 6;+ "B" W W ;c. ?J C'7 rv f::a C P?.. C?J 0 DAVID TREVOR JAQUEZ, a minor by his natural parents and guardians, DAVID JAQUEZ and PATRICIA JAQUEZ, V. BILL RAY RUSSELL, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3'108 CIVIL ACTION - LAW MINOR'S COMPROMISE AMENDED PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTIONS Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, David Jaquez and Patricia Jaquez, the natural parents and guardians of minor, David Trevor Jaquez, by his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esq., petition this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof, avers: 1. David Trevor Jaquez, was born on December 14, 1998, and is therefore, 8 years old and a minor. He currently resides at 2334 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Petitioners, David and Patricia Jaquez, are adult individuals and said minor's natural parents and legal guardians and currently reside at 2334 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. It is petitioners' contention that the best interests of the minor, David Trevor Jaquez, will be served by having his natural parents and guardians serve in this action. 4. Respondent, Bill Ray Russell, is an adult individual and he currently resides at 217 Springview Road, Carlisle, Cumberland County, Pennsylvania. 5. At all times material hereto, the minor, David Trevor Jaquez, was the back seat passenger of a 2004 Ford Sedan, being operated by Petitioner, David Jaquez, bearing Pennsylvania Registration Number GFC-8560. 6. On or about February 1, 2006, at approximately 7:29 p.m., Petitioner's vehicle was traveling southbound on Ritner Highway and was stopped at a red light at the intersection of Industrial Drive when it was struck from behind by Respondent's 2003 Jeep Wrangler from behind. 7. As a direct and proximate result of the collision, minor, David Trevor Jaquez, suffered trauma including pain in his neck, forehead and around his left ear. David Trevor was brought to Carlisle Regional Medical Center by his parents on the day of the accident and released later that night. David Trevor had radiography done following the accident and a follow-up revealing a decrease in his pain symptoms was conducted on April 27, 2006. 8. Minor, David Trevor Jaquez, was emotionally affected by the accident and feared for his safety, asking to sleep in his parents' bed after the accident for fear of sleeping alone. 9. Minor, David Trevor Jaquez, missed school the following day in order to rest and was very fatigued two days following the accident, spending part of the day in the school nurse's office, recovering. 10. At the time of this collision, the minor, David Trevor Jaquez, was insured under Petitioner, David Jaquez's automobile insurance policy with Nationwide Insurance Company. To date, Petitioners have filed an application for insurance benefits but have -2- received none from their automobile insurer. 11. After protracted negotiations, State Farm Insurance Company, the carrier of Bill Ray Russell, agreed to a gross settlement of $1,000 for the minor, David Trevor Jaquez. 12. Petitioner believes said settlement is in the best interests of the minor and proposes to accept said settlement offer of $1,000. 13. Stephen G. Held, Esquire, of HANDLER, HENNING & ROSENBERG, has been the attorney for the minor in this action and he requests reasonable counsel fees of $250.00 for services rendered plus costs and expenses of $103.00 pursuant to a Contingent Fee Agreement signed by Petitioner. Thus, the total amount requested for attorney's fees and costs is $353.00. (See, attached as Exhibit "A", the fee agreement and Exhibit "B", a true copy of the billing summary). 14. Petitioner further requests this Honorable Court to order a payment of the balance of $647.00 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, David Trevor Jaquez, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction." 15. Petitioners, David and Patricia Jaquez, believe that this Compromise is in the best interest of their minor child, David Trevor Jaquez. -3- 16. Respondent, Bill Ray Russell, believes that this compromise is in the best interest of the minor, David Trevor Jaquez. WHEREFORE, Petitioner requests this Honorable Court to: a) Approve the Compromise above-stated; b) Authorize the payment of fees above-stated from funds due the minor; and c) Direct payment of the net funds due, in accordance with the Compromise above-stated. Respectfully submitted, oa,E 6 a el HANDLER, HENNING & ROSENBERG BY: Stephe G. Held, Esquire I.D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioner -4- • CONTINGENT FEE AGREEMENT I, Patricia Jaquez, Parent and Legal Guardian of David Trevor Jaquez do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against Defendant(s) yet to be determined or against anyone else as a result of injuries and damages I sustained in an incident that occurred on 2/1/06. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. if no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. l understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and l acknowledge having received a copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, February, 2 06. have hereunto set my hand and seal this 8th day of (SEAL) Patricia Jaquez Parent and Legal Guardian of David Trevor Jaquez c-1 h',b*,? „A 4 andler, Qmmngb losenkf9ALP ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 David Trevor Jaquez 2334 Ritner Highway Carlisle, PA 17013 INVOICE PAYMENT DUE UPON RECEIPT Client No: 211162 Matter: 00000 Attorney: SGH MV Pre-Bill No: 22354 Bill Date: June 18, 2007 EXPENSES 02/24/2006 Vendor ALEXANDER SPASIC FAMILY MEDICINE; General Case Expense- 24.50 -------------- 07/26/2006 Book Binding Costs 2.00 06/1812007 Vendor PROTH OF CUMBERLAND CO; General Case Expense 78.50 _ ,? s : sir • ?.._,.., :: .,-. - 06/3012007 Document Reproduction 0.20 06/30/2007 Postage Costs 1.17 06/30/2007 Postage Costs 2.55 06130/2007 Long Distance Telephone Charges 0.09 TOTALEXPENSES Total due this invoice TOTAL BALANCE DUE $109.01 $109.01 $109.01 C7 rla Q Ln . „t JUL 0 6 2007 DAVID TREVOR JAQUEZ, a minor, IN THE COURT OF COMMON PLEAS by and through his natural parents CUMBERLAND COUNTY, and guardians, DAVID JAQUEZ and PENNSYLVANIA PATRICIA JAQUEZ, Petitioners, NO. 2007- 3108 V. CIVIL ACTION - LAW BILL RAY RUSSELL, MINOR'S COMPROMISE Respondent ORDER th AND NOW, this day of 2007, upon consideration of the foregoing Petition, IT IS HEREBY ORDERED that the disbursement of funds, as well as counsel fees and expenses, are approved as set forth in said Petition and shall be disbursed in accordance with the terms and conditions of the settlement agreement as follows: A. Direct payment of three hundred fifty-three dollars and 00/00 ($353.00) to Stephen G. Held, Esquire, representing reasonable attorney's fees of two hundred fifty dollars and 00/00 ($250.00) and one hundred three dollars and 00/00 ($103.00), for reimbursement of costs; B. Direct payment of the balance of six hundred forty-seven dollars and 00/00 ($647.00) to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, David Trevor Jaquez, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction"; and C. Proof of deposit is to be filed with the CP rt. /BY THE COURT: J. VIAL I MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this h day of December, 2007, by and between, ERIN M. BIVENS, (hereinafter referred to as "Wife'), and BRIAN T. BIVENS, (hereinafter referred to as "Husband") WITNESSETH: WHEREAS, Husband and Wife, were lawfully married on April 18,1998; and WHEREAS, the parties hereto have one minor child, Zachary M. Bivens, born October 7, 1999; and WHEREAS, the parties are now separate and apart within the meaning of the Pennsylvania Divorce Code; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these promises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, -1- for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Wife has been represented in this matter by Debra R. Mehaffie, Esquire, and Husband has been represented by Andrew C. Sheely, Esquire. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that 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. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. -2- 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and -3- independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that Wife has filed a Complaint in the Court of Common Pleas in Cumberland County, Pennsylvania to Docket No. 07-3788 on June 25, 2007. The parties agree that concurrent with the execution of this Agreement they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree so that either party may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel obtaining a divorce decree shall supply to opposing party a copy of the Decree. 5. EQUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, and shall be as follows: A. Division of Household and Personal Property. The parties have previously divided between themselves to mutual satisfaction, their household and personal property upon agreement. Husband was given the opportunity to remove furniture from Wife's grandmother's garage and chose not to do so. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal -4- property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. B. Motor Vehicles. The parties acknowledge that they are the joint owners of two (2) motor vehicle, specifically a 2006 Chrysler Pacifica with an encumbrance through Wells Fargo and a 2005 Ford Five Hundred with an encumbrance through Wachovia Dealer Services. The parties specifically agree that Wife shall retain exclusive use and ownership of the 2005 Ford Five Hundred and Husband shall retain exclusive use and ownership of the 2006 Chrysler Pacifica. The parties further agree that each shall retain exclusive use and ownership of any other vehicles presently in his or her possession. Each party shall be fully and solely responsible for any and all financial or other obligations associated with the vehicle(s) and he or she agrees to indemnify and hold harmless the other party from any and all liability for same. Each party agrees to execute any title or other documentation to effectuate the terms of this paragraph as provided herein. The parties also agree to obtain the necessary automobile insurance for the vehicle he or she is retaining with no lapse in coverage. C. Pension. Profit-Sharing. Retirement, or other Plans Related to Emulovment. The parties acknowledge that Husband has a retirement plan through his employment -5- with the Commonwealth of Pennsylvania. It is also acknowledged that Wife has a 401 K plan through her employment with Nationwide Insurance. The parties specifically agree that each party shall retain the pension, profit-sharing, retirement, or other plans related to employment in his or her name and the other party shall waive any and all rights he or she may have to same. Further, each party, upon the request of the other, shall sign a document waiving an interest in any retirement, pension or other benefit, if required. D. Distribution of Cash Assets, Bank Accounts, Stocks and Bonds and Investment Accounts. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts. The parties further agree that they shall retain as their respective sole and separate property any other bank accounts, depository or brokerage accounts, stocks, or bonds held in their respective individual names. If either party remains upon an account to be retained by the other party, the parties agree that they shall take all steps that are necessary to title the account to a sole name within thirty (30) days of the date of this Agreement. E. Life Insurance. Life insurance policies, if any, shall be retained by the titled owner and the other party shall waive any and all rights to same. There shall be no restrictions on either party regarding designations of beneficiaries nor shall there be any other limitations regarding the financing, continuation, or termination of any life insurance policies held by either of the parties. 6. DEBTS. Husband represents and warrants to Wife that since the separation on June 25, 2007, he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless -6- from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation of June 25, 2007, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties also agree to the following: a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations that are marital debt. It is their specific desire to address a distribution of those debts herein. The parties agree that each party shall retain as his or her sole and separate obligation the marital debt as described in this section. b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. C. Wife's debts: Wife shall be solely responsible for the following bills and debts: 1. 2005 Ford Five Hundred encumbered by Wachovia Dealer Services; 2. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. d. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. 2006 Chrysler Pacifica encumbered by Wells Fargo; 2. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not -7- limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. £ No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 7. 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 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. 8. ALIMONY. ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being -8- understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution schemes, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. WAIVER OF CLAIMS. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all -9- causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. -10- 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or her own choice, if any, and has executed it voluntarily and in reliance upon his or her own attorney, if any; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between -11- the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each parry shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that parry shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto hav hereunto set their hands and seals the day and year first above written. WITNESS // ERIN M. BIVENS ?-?? ITNESS BRIAN T. BIV S -12- • COMMONWEALTH OF PENNSYLVANIA COUNTY OF Vl On this day of r iL?LmGL 20A before me, the undersigned officer, personally appeared ERIN M. BIVENS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. N01 ROSEMARY RY A N HUNT NolaY KdAC A A . JA" NARRNlURG 01Y QAUPMM COMM Notary Public MY CoMff"w EVW Oct 6, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ??U(M/ '? 2 Ll? f- On this 01S day of 6before me, the undersigned officer, personally appeared BRIAN T. BIVENS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. No u is - YK M sm Yftk ?r W. I -13- NOM, 19 2plp iYw?t# Y K4: YTy?t . ?,j h, a 4C=1:_ 9? Ids +..' ' ? +???yy , 30 y rQ j a w -)v h czx or ERIN M. BIVENS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3788 -vs- BRIAN T. BIVENS, Defendant CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of the intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and 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 that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: `J -0 O ERIN M. BIVENS, Plaintiff p ERIN M. BIVENS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3788 -vs- BRIAN T. BIVENS, CIVIL ACTION-LAW Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: &eJ M. ERIN M. BIVENS, Plaintiff - e uo ERIN M. BIVENS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3788 -vs- BRIAN T. BIVENS, Defendant CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of the intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and 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 that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: 1 2 2- 1 1,07 - --y BRIAN T. BIVE , Defendant t? ? p ?. ? ? -? ?.. ? z??,,;. x? ? r- ??? # "? r? .. . .,. -? ? ? ?_?; ?. ?" ? C`? N ? ? . ERIN M. BIVENS, Plaintiff -vs- BRIAN T. BIVENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3788 CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. , Date: ? Zl2- 11 ()'7 BRIAN T. BIVENS efendant w C_ .1 rT J u ERIN M. BIVENS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3788 -vs- BRIAN T. BIVENS, CIVIL ACTION-LAW Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant accepted service on June 25, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: January 4, 2008; by Defendant: December 21, 2007. 4. Related claims pending: none. 5. Date Plaintiff's Waiver of Notice was filed with the prothonotary: Date Defendant's Waiver of Notice was filed with the prothonotary: Date: l' U Mra R. Mehaffie, E re v The Law Offices of R Wert S. Mirin Attorney I.D. No. 90951 2515 North Front Street Harrisburg, PA 17110 (717) 909-9900 Attorney for Plaintiff Erin M. Bivens " ??° 3 C ? m '1 -Y ''? y „ .....3 t`?,? a? f t? ?T ? C. .? ? :,. C?