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Home My WebLink About07-4039~, JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007 - ~/03q CIVIL TERM CIVIL ACTION -LAW 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 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 inidignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVIES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - yp 3 9 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT 1-DIVORCE Plaintiff is Jennifer L. Chestnut, an adult individual who currently resides at 807 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is John D. Chestnut, an adult individual who currently resides at 800 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 4, 1988 in Springfield, Virginia. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the Parties to participate in counseling. 8. Neither Plaintiff nor Defendant is a member of the Armed Forces of the United States or any of its allies. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce in favor of Plaintiff and against Defendant. COUNT II -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference pazagraphs one (1) through eight (8). 10. During the course of the Parties' marriage, Plaintiff and Defendant have acquired many items of property, real, personal or otherwise, which is marital property. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree that effects an equitable distribution of the Parties' marital property. COUNT III -ALIMONY 11. Plaintiff hereby incorporates by reference pazagraphs one (1) through ten (10}. 12. Plaintiff lacks sufficient income and property to provide for her reasonable needs through employment. 13. Defendant enjoys a substantial income from which he is well able to contribute to the support and maintenance of Plaintiff and to pay her alimony. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order directing Defendant to pay Plaintiff alimony. COUNT IV -ALIMONY PENDENTE LITE 14. Plaintiff hereby incorporates by reference pazagraphs one (1) through thirteen (13). 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Defendant enjoys a substantial income from which he is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff requests this Honorable Court to order Defendant to pay Plaintiff alimony pendente lite during the course of this action. COUNT V -COUNSEL FEES, COSTS AND EXPENSES 17. Plaintiff hereby incorporates by reference paragraphs one (1) through sixteen (16). 18. Plaintiff is without sufficient income to retain counsel to represent herself during the course of this action. 19. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this action. 20. Defendant enjoys a substantial income from which he is well able to bear the expense of Plaintiff's attorney and the costs and expenses of this litigation. WHEREFORE, Plaintiff requests this Honorable Court to order Defendant to pay Plaintiff s counsel fees, costs and expenses of this litigation. Respectfully submitted, Kobert J. 13ailey,l/ uire l I.D. 203418 ~/ 19 West South Street Carlisle, Pennsylvania 17013 Phone: (717) 249-6873 Date: 3 of July, 2007 Attorney for Plaintiff O'BRIEN, BARK & SCHERER JENNIFER L. CHESTNUT, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007 - CIVIL TERM JOHN D. CHESTNUT, :CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I, Jennifer L. Chestnut, verify that the statements made in the foregoing Complaint in Divorce 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 falsifications to authorities. fifer L. Chestnut Date: ~ of July, 2007 ~ tRn C r V~' N C~ - ~ -TI ~ ,. r.__ fit ~ 9'' v ~.~ ~: ~ o .~ ~ - -- ~ . ~ f-,, Ui n ~',4 : _, -c .~ n 0 c JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - ~/(~ ~ CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, John D. Chestnut, accept service of the Complaint in Divorce under Section 3301(c) or Section 3301(d) of the Divorce Code. I certify that I am the Defendant in the above-captioned matter. Date: _~ of July, 2007 John ll. (;hestnut 800 Doubling Gap Road Newville, Pennsylvania 17241 Defendant ~ ~? ~ s~ ~' r~ , __ 1 ~~ C. ~ ~ -^-i .~ -L JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4039 CIVIL TERM CIVIL ACTION - LAVJ IN DIVORCE Substitution of Counsel / Chance in Address Without Leave of Court (Rule 1012(b)(21(ii)) To the Prothonotary: Praecipe for Entry of Appearance Please enter my appearance on behalf of Jennifer L. Chestnut, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Robert J. Dailey, Esquire I.D. No. 203418 Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdail eve ~erberlawo ffice. com Date: 29~' of August, 2008 Robert J. Dailey, Esquire Praecipe for Withdrawal of Appearance To the Prothonotary: Please withdrawal my appearance on behalf of Jennifer L. Chestnut, Plaintiff. Date: 29`h of August, 2008 O'Brien, Baric & Sch er R bert J. Dail , E quire ~ _ :.,. CERTIFICATE OF SERVICE I hereby certify that on the, day of , 2008, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Substitution of Counsel/Change of Address Without Leave of Court (Rule 1012(b)(2)(ii)), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Carol J. Lindsay, Esquire Saidis, Flower and Lindsay 26 West High Street Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Andrea . Barrick ~,~ ~a t--. _~~ -,- _.;, -~ t _~,~ _~ -~:~ -~ r;, t ,µ; .. ~~. JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4039 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT UNDER & 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 5, 2007 in the Cumberland County Prothonotary's office. 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. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ of ~~ ~~yyl~je~- 2008 Jennif .Chestnut ~: ., ~:~ ~ ~.i . `_ ~~ ~ i.~ 7 i,' ~ ` T 7 '"~ ~; ~ i ti• ~ ," rr~' e r ^~ '^' _J'; f ,., j -n.' ~;,C JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4039 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ of 5~.~~~I'yt~j[Y 2008 Jennif .Chestnut ~i ~' _ C;J 4~FJ -- } ..?' ~'} ~ ~ ~; C:63 _ .'9 ,._, ' ~: ~ , ..~-' ~._ ....y4 JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4039 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT UNDER & 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 5, 2007 in the Cumberland County Prothonotary's office. 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: d' ~ of ~~=i' `"' 2008 :~ ..;, .c.: ~~~ _ `_. ~'i ~~ . ~ '"~7 't`y '~q ._ ~7? ~' ..-~.: ~C ~'„~r .,{".~. JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4039 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: an of ~p-~,y~. 2008 _ C3 :: ; I r:~"? y iJ t'', Cf,D ~~ C } am ll°-= i ~ ~_ «E..~ _ »_`•8 ,~ o.. .~'. ....fi JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4039 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS MARRIAGE SETTLEMENT AGREEMENT is made this 2~ day of September 2008, BY AND BETWEEN Jennifer L. Chestnut of 115 Central Way, Shippensburg, Pennsylvania 17257, hereinafter referred to as "Wife", A N D John D. Cheshiut of 807 Doubling Gap Road, Newville, Pennsylvania 17241, hereinafter referred to as "Husband", hereinafter collectively referred to as the "Parties". RECITALS R.1: The Parties are Husband and Wife and were joined in marriage on June 4, 1988 in Springfield, Virginia; and R.2: Differences have arisen between the Parties as a consequence of which the Parties separated on July 5, 2007 and have remained separate and apart since that date; and R.3: The Parties have resolved that the marriage is irretrievably broken and that it is not possible to continue the marital relationship between them for reasons known to them; and R.4: Wife filed a Divorce Complaint in the Cumberland County Court of Common Pleas to the above-captioned docket number on July 5, 2007 with service being accepted by Husband on July 6, 2007; R.S: It is the desire and intention of the Parties to amicably adjust, compromise, and settle all property rights and all rights in, to, or against the property or estate of the other, including, but not limited to spousal support, alimony pendente lite, alimony, counsel fees, and equitable distribution and including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended, and to settle the rights of Wife to receive child support from the Husband, John D. Chestnut, for the Parties' child, John A. Chestnut, born February 10, 1993; and R.6: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel with their respective selection and that Wife has been independently represented by Robert J. Dailey, Esquire and Husband has been independently represent by Carol J. Lindsay, Esquire. NOW THEREFORE, the above-numbered recitals being incorporated by reference and deemed an essential part hereof and 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, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1. Separation. It shall be lawful for each Party at all times hereafter to live separate and apart from the other Party, as 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 shall disparage or discredit the other in any way, nor in any way injure his or her reputation. Neither Party shall act or permit anyone else to act in any way that might tend to 2 create any disaffection, disloyalty, or disrespect between the members of the family of either Party. The Parties separated on July 5, 2007. 2. Divorce. The Parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault divorce decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute the Affidavit of Consent and Waiver of Notice forms necessary to finalize this divorce, to be immediately thereafter filed with the Prothonotary's office. If either Party fails or refuses to execute and file the forgoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the non- breaching Party to terminate this Agreement at his or her option. 3. Real Property. The Parties are owners of certain real property located at 807 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as the "Property". Both Parties are on the deed to the Propert~yG. The Property is not encumbered by ~~v~ any mortgage. Wife shall, y deed, signer her right, title, and interest to Husband by quitclaim deed in exchange for good and valuable consideration hereinafter stated. Husband and Wife shall sign over title of the Property to Husband within thirty (30) days of executing this Agreement unless otherwise agreed upon by the Parties. The Parties own no other real property. 4. Debts. The Parties have no marital debts. In the event that either Party contracted or incurred any debt since the date of separation, the Party who incurred the debt and benefited therefrom shall be responsible for the payment thereof, regardless of the name in which the debt may have been incurred. 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. Each Party shall 3 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. In the event that either Party contracts for or incurs any debt from the date of this Agreement, the Party who incurs the debt and benefits therefrom shall be responsible for the payment thereof, regardless of the name in which the debt is incurred. 5. Motor Vehicles. The Parties are the owners of three (3) vehicles. Husband's Cadillac Escalade and Chrysler 300M are without liens. Wife shall sign over any and all interest that she has in these vehicles to Husband. Wife's Honda is without a lien and is titled in her name alone. Husband shall keep the Cadillac and Chrysler; Wife shall keep the Honda. Any and all transfers from Wife to Husband shall be a gift for transfer purposes and shall take place at such location as the Parties shall agree upon. Husband shall solely be responsible for the costs of transferring title of the vehicles to him. 6. Tangible Personal Property. By mutual agreement, the Parties shall divide the property located at the Property in Newville, Pennsylvania. Wife shall remove her property in the Property within thirty (30) days of executing this Agreement unless otherwise agreed upon by the Parties. Except as otherwise provided, the Parties have mutually agreed and have effectuated a satisfactory division of all other tangible, personal property. The Parties further agree that from this day forward, except as otherwise provided herein, each Party in possession shall be the sole and rightful owner of such property, regardless of whether the property was jointly owned previous hereto. 7. Intangible Personal Property. The Parties shall split equally their joint investment portfolio through Orrstown Bank. Each Party shall sign all necessary documents and 4 forms in order to effectuate said division and shall do so within thirty (30) days of executing this (~~ i `~' Agreement unless otherwise agreed upon by the Parties. ~ e~ ~'~ `~~` ~~ `~~ ~~~~ ~Gu. ~ '~e 5 ~ 'll ~u(~ ~ ~L L~c c~ ~ri~.~~~,ctu /~ 6 ~~'Z~~%~'f~5 ~ife is the owner of a Roth I~~AB d a tradi~onal IRA. Husband is the owner of a Roth IRA and a traditional IRA. The IRAs held in each Party's name alone. The Parties agree that Wife shall maintain her IRAs and Husband shall maintain his IRAs. Each Party waives his and her right, title and interest in and to the other's IRAs. Wife is the owner of a retirement account through PSERS. The Parties agree that Wife shall maintain her retirement. Husband hereby forever waives his right, title and interest in and to Wife's PSERS retirement. Husband and Husband's parents operate businesses throughout the Carlisle area, including Carelli's Pizza and Subs and the Donut Connection. Wife hereby waives her right, title and interest in and to any business interests that Husband may hold in any of these businesses as well as any income received therefrom. Except as otherwise provided, the Parties have mutually agreed and have effectuated a satisfactory division of all other intangible, personal property. The Parties further agree that form this day forward, except as otherwise provided herein, each Party in possession shall be the sole and rightful owner of such property, regardless of whether the property was jointly owned previous hereto. The Parties hereby release and relinquish any and all rights, title, and interest in or to any other intangible personal property of the other, including, but not limited to, stocks, bonds, insurance, bank accounts, other retirement accounts, employment benefits, including, but not limited to, retirement accounts, savings plans, pension plan, stock plans, 401k plans, and the like. 5 8. Waiver of Alimony. The Parties acknowledge that each has income and assets satisfactory to meet his or her own reasonable needs. As a result, each Party hereby waives and disclaims any right or claim to spousal support, alimony pendente lite, or alimony. 9. Child Support. The Parties are the parents of one child, John A. Chestnut, born February 10, 1993. Husband agrees to pay Wife child support in the amount of five hundred dollars ($500.00) per month, due and payable on the first of each month. Said payments will be made directly from Husband to Wife and shall not pass through the Pennsylvania State Collection and Disbursement Unit. Child support payments shall terminate pursuant to the laws of child support in Pennsylvania. In the event that Husband fails to make a timely payment, Wife hereby reserves her right to file for child support with the domestic relations office (DRO). In the even that Wife files for child support through DRO, Husband hereby agrees that the amount of child support to be paid shall not be less than the agreed upon five hundred dollars ($500.00). Husband further agrees that Wife shall be entitled to all back support that Husband failed to pay as well as all of Wife's ~~~~ . attorney's fees and costs incurred in or r to file for and receive child support through DRO. 10. Bank Accounts. The Parties acknowledge that all joint bank accounts have been closed or divided to each Party's mutual satisfaction prior to the execution of this Agreement. The Parties further acknowledge and agree that any bank accounts established individually by the Parties shall become the sole and separate property of that Party simultaneous with the execution of this Agreement. 11. After-Acauired Property. Each of the Parties shall own and enjoy, independent of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to use and dispose of as 6 though he or she was unmarried. Any property so acquired shall be owned solely by that Party and the other Party shall have no right or claim thereto. 12. Life Insurance. To the extent that either Party has life insurance policies, simultaneous with the execution of this Agreement those policies shall become the sole and separate property of the individual owning the policy. The Parties adopt 20 Pa.C.S.A. § 6111.2 to govern their policies held in favor of each other, regardless of where each individual party resides at the time of his or her death. Nothing in this Agreement shall prevent or preclude either Party from designating beneficiaries under or encumbering their respective life insurance policies. 13. Attorneys' Fees. Each Party shall be responsible for his or her own counsel fees, costs, and expenses. Each of the Parties hereby waives the right to receive payment for counsel fees from the other. 14. Additional Instruments. Both Parties shall, at the request of the other, execute, acknowledge, and deliver to the other Party any instrument(s) that maybe reasonably necessary to effectuate and give full force and effect to the provisions of this Agreement. 15. Bankruptcy. Both Parties agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein as to the other Party. 16. Complete Disclosure. Both Parties acknowledge that each Party is entitled to seek discovery through this divorce including, but not limited to, written interrogatories, motions for production of documents, the taking of depositions, the filing of inventories, and all other means of discovery permitted under the Pa Divorce Code or Pa Rules of Civil Procedure. Both Parties further acknowledge that each Party has had the opportunity to discuss with counsel, if 7 desired, the concept of marital property under Pa law and that each is aware of his or her right to have the real and/or personal property, assets, earnings and income, and debts and liabilities of the other Party assessed or evaluated by the courts of this Commonwealth. The Parties hereby acknowledge that there has been full and fair disclosure to the other of his or her respective real and/or personal property, assets, earnings and income, and debts and liabilities -whether joint or individual. The Parties agree that any right to further disclosure, valuation, appraisal or enumeration is hereby waived. The Parties hereby acknowledge that the division of real and/or personal property, assets, earnings and income, and debts and liabilities as set forth in this Agreement is fair, reasonable, and equitable and is satisfactory to each of them. The Parties covenant and agree that neither he nor she, nor the Parties' heirs, executors, administrators, or assigns, will ever, at any time hereafter, sue the other Party or the other Party's heirs, executors, administrators, or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of rights to full disclosure or that there was fraud, duress, undue influence or that there was a failure to have available full, proper, and independent representation by legal counsel. 17. Waiver of Anuraisals. The Parties acknowledge that they are aware of their right pursuant to the Pa Divorce Code to obtain formal valuations or appraisals of all property, real or personal, including, but not limited to, the real estate and/or personal property, vehicles, and 401k or IRA retirements, some or all of which were acquired during the marriage, therefore constituting marital property. However, the Parties have agreed to forgo appraisals and valuations. 18. Release of All Claims. Except as otherwise provided herein, each Party hereby forever releases and completely discharges the other from any and all right, title, or interest in 8 any claim for support, division of property, increase in marital property value, right of dower or curtsey, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other rights, benefits or privileges accruing to either Party by virtue of their marriage. The Parties specifically waive any and all rights to equitable distribution, alimony, and counsel fees, except those fees sought in the event of a breach of this Agreement. 19. Severability. If any term, condition, clause, or provision of this Agreement is later determined to be void or invalid, then only that terms, condition, clause, or provision shall be stricken from this Agreement. In all other respects, this Agreement shall continue in full force and effect. 20. Choice of Law. All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 21. Incorporation into Divorce Decree. The Parties agree that this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce is entered in this matter. Upon entry of the Final Decree, the provisions of this Agreement maybe incorporated by reference or in substance, but they shall not be deemed to be merged into such Decree. This Agreement shall survive any such Decree and shall be independent thereof. The Parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, in this matter or otherwise. 22. Breach. It is expressly agreed upon and stipulated that in the event that either Party successfully sues for the breach of any provision of this Agreement, the breaching Party shall be responsible for any and all costs incurred to enforce the Agreement, including, but not 9 limited to, the non-breaching Party's attorneys' fees, court costs, fees, or any other cost. In the event of breach, the non-breaching Party shall have the right to sue for damages for such breach or to seek such other and additional remedies as may be available. 23. Entire Understanding. This Agreement constitutes the entire understanding of the Parties and there are no covenants, conditions, representation, or agreements -oral or written, of any nature whatsoever -other than those herein contained. 24. Agreement Binding on Parties, Heirs, Etc. The Parties agree that this Agreement binds not only the Parties hereto but also the Parties' heirs, administrators, executors, assigns, and others. All shall be bound by the terms, conditions, clauses, and provisions herein. 25. Income Tax Deficiency. In the event that any governmental agency -federal, state or local -hereafter assesses back taxes owed by the Parties on a joint return during the Parties' marriage, the Parties agree that the income from the Party upon whom the penalty was assessed shall be solely responsible for the income tax deficiency and the innocent Party shall not be responsible for any portion of said assessment. Each Party agrees to indemnify and hold the other harmless in the event that a penalty is assessed against that Party's income. 10 IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, in exchange for the mutual covenants, conditions, representations and agreements herein, hereunto set their respect hands and seals to this Agreement, the day, month, and year first-above written. ert J. Dailey, Attorney for Jennif L. Chestnut Wife _Yl 02 0~ Date 9 a U~ D to ~b Da e ~ a ~~ Da 11 COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF ~i ~ ~ vu h~f ICS ~ 0~ . On this, the ~ ~ day of ~-X..~~e~1C~9~-~~1.~ , 2008, before me, a Notary Public, the undersigned offer, personally appeared Jennifer L. Chestnut, known to me or satisfactorily proven to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. NOTARY PUBLIC 1AABARA E. STS Cmrlisk 8et~ Co~jy PA M Conm~ion Jaae 7 11 COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF C_~.~~Je~ (Q .~~!,~ On this, the a ~ ~ day of C~~2-/~f e.r1C..b E'_~ , 2008, before me, a Notary Public, the undersigned offer, personally appeared John D. Chestnut, known to me or satisfactorily proven to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. ~~ NOTARY PUBLIC BARBARA B. STEO.r li~he! lrlMe Calisk Bets, C~eibe~Mri M M Commis~os Tat 7 3®i f 12 ~ "' ~ i ~ _ , ,. x a . - _.. , . - $ _ ~ ~~ 7 - . . t'~' .. ~: ,. ~,:r -~ ,.. ~ , , _. ~ ~ tz-p y r ,? ~ ' r . C,:J . ~ - ~~ ,. ~ F:~ 1 ~.7 ,~.;° -- ;x..... .......... ,. . Q s F'~^ h JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 1/D ~ CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, John D. Chestnut, accept service of the Complaint in Divorce under Section 3301(c) or Section 3301(d) of the Divorce Code. I certify that I am the Defendant in the above-captioned matter. Date: _~ of July, 2007 John D. Chestnut ` 800 Doubling Gap Road Nevwille, Pennsylvania 17241 Defendant h.~ C,_) ~'~ _ ~~ - ~ ' ^-t^ S. . -- - - p ~ ~ --~~ rn t\? _ ~ f i_1.. -;~ : w:a C: ~w £~;; -G JENNIFER L. CHESTNUT, Plaintiff v. JOHN D. CHESTNUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4039 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT THE 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: acceptance of service, July 6t", 2007 3a. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff - 2nd of September 2008; by Defendant - 2nd of September 2008 4. Related claims pending: none Sb. Date Plaintiff s waiver of notice was filed with the Prothonotary -simultaneous with this Praecipe Date Defendant's waiver of notice was filed with the Prothonotary -simultaneous with this Praecipe GERBER & ASSOCIATES RcYbert J. Dailey~Esbuire I.D. No. 203418 46 East Main Street Palmyra, Pennsylvania 17078 (717) 838-5411 Attorney for Plaintiff cc: Carol J. Lindsay, Esquire Attorney for Defendant "U ~'' ~ r~ ~ ~ `~ ~ " ~ ~ " y,. ~ "t' ~,~~ ! ~ b ~ ,...~ ~7 ' ""l, ~ 1 ~~, ~~ 1 N THE COURT OF COM MO1`I PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. :: JENNIFER L. CHESTNUT i~ PLAINTIFF VERSUS JOHN D. CHESTNUT DEFENDANT No. DECREE IN DIVORCE 2007 - 403 9 AND NOW, Z3 2008 IT IS ORDERED AND DECREED THAT JENNIFER L. CHESTNUT ~ pLA{NTIFF, AND JOHN D. CHESTNUT ,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 FINAL ORDER HAS NOT YET BEEN ENTERED; ~Qk~ PARTIES MARRIAGE SETTLEMENT AGREEMENT SIGNED SEPTEMBER 2,2008 WHICH WAS INCORPORATED BUT NOT MERGED INTO THIS~V~ DECREE. BY THRf COURT: ATTEST: ~ ~ { Y ~, ~/ J. PRbt~{ONOTARY '.'~°t~ ~ ~~ ' /'J ~4'~, ~ ~o.~-~+b