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HomeMy WebLinkAbout07-5455 LESLIE J. REDMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW JOSHUA A. REDMOND, : NO. 0 `7 ' SySS CIVIL'PERM Defendant : IN DIVORCE NQTICE TO D + , AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 490-9108 a LESLIE J. REDMOND, Plaintiff v. JOSHUA A. REDMOND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -LAW NO. ~ ~ _ s y ~ s CIVIL TERM IN DIVORCE ~,~i~_ I~„~O~CE NO FAULT 1. Plaintiff is Leslie J. Redmond, an adult individual currently residing at 433 West Lowther Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Joshua A. Redmond, an adult individual currently residing at 920 West Main Street, No. 38, South Williamsport, Lycoming County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 4, 2003 in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 7. Plaintiff and Defendant are citizens of the United States of America. . ,. 8. The parties' marriage is irretrievably broken. 9. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfiilly submitted, Hannah Herman-Snyder, Esgilire Attorney for Ptaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: L SLIE J. REDMOND, Plaintiff ~ ~ W ,~ ~ t,.- .~ -.. ~. w G `~ o ~~ cn ~ w ~'tr_ cn ~; ~- - ~ ~ ~-' ~ -Q ~ ~ -r -„ _ ~ ~ ~: --~ cn ca F SR. LESLIE J. REDMOND, Plaintiff v. JOSHUA A. REDMOND, Defendant IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5455 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Complaint in Divorce was sent to Defendant, Joshua A. Redmond, at his address of 920 West Main Street, No. 38, South Williamsport, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on September 20, 2007. 1 h hd1 ~ W Q ~ R [~ - ~~ s{~.Q,K~I Hannah Herman-Snyder, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this y ~ day of 1 ~~c~h , 2007 ...... <~ C 5~~.. NOTARY BLIC w0~+-t ~ !O/11! J. ~11itETT No+orr ru~c Mr-~ ~ f ~. Zor ~ 100 Lincoln Way East Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 r,. , ~:YV"~+?'+ .. re .h ,•a+t•:.'~:bn~.wk+-`4~:::WmYFaA~+~rs'~s!'S6 ru o ~ ~ -. ~n _ ~ Postage 0 O p Certified Fee p Retum Receipt Fee „p (Endorsement Requhed) ~ Fee a (EruforaemeMRequinxJl f1,1 Total Postegs d Fees O ~ entTo tti ~r c l `-, ~. S~~ ` '~1Postmark, '~~~ ~ ~~ ~ by (Pf~its9d ~t7ittts at t>e. D. to del~wY ackAead dlRneirrt haul item t? C7 Ybi ~ YE'3, sorer degvery eKtdna bebw: D Pb o o 4. Reetrla4sd i~ FeN ~191s` 2. Artkdst~unber - -- 702 0860 ~~~1 5848 812 PS Fatm ~ 1, Ausust toot _ _ t)ottnsNc A.b,rn ~t•su-rsro ^ Corr-pie~oe itetne 1, 2, erid 3.,4iao item 4 M Restricted DeNvery b desit+e~d. ^ FMrrtyour name and address stn the retreese so that w+a rat t~m.Z~:Grird to You. ^ Attach tie cam to the t of the rrteiii'pi~e. or on the trossa H epmics per~Tiit$. 1. Arlfcte Adrkearaad to: Q~ + ~~ ~-trot, .3 v -°~ t -.. ~' .~ .ti- - -- ~ 7 "S'1 i z t r.,:. „ ~-,~ , ! -'r ," _ _,_ ;:. ~_ LESLIE J. REDMOND, Plaintiff v. JOSHUA A. REDMOND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5455 CIVIL TERM CIVIL ACTION--LAW 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on ~eptE'Ir t~Cr 14, 2i~1)~~, anu SC?'~'?'CC W~;~; ;Ija':Ie OTl S~°Iiit;lIiDf'r 20, ~~~ % 1?y iC`ii:"IE:ti:ta delivery, certified mail. 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 intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING "TO UNSWORN FALSIFIC`A'IIilN TO ~iUTI-IORITiES. DATE: ~ z. Lq -U~ LESLIE J. REDMOND, Plainti .~ C,~ C3 ;~ C 3+- 'C7J ~ '~ ~+ {~_. ~ ~ t~.-: c ;% W Lr"~ LESLIE J. REDMOND, Plaintiff v. JOSHUA A. REDMOND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5455 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT'. I UNDElZS7-AlvD HA T FALSE S T ATEMFNTS HL'R?~'IN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~.~~ ~~ ~~ ? LESLIE J. REDMOND, Plaintiff ~7 ~,~. , . + • • ~ .. ~ T.. ~~ ~ C1'1 I /~~ .' PROPERTY' SETTLEMENT A GREE1l1ENT BY AND BETWEEN LESLIE J. REDMOND AND JOSHUA A. REDMOND ~ ., ,'* ~3' AGREEMENT made this ~`'~` da}' of ~} , 2007, by and between Leslie J. Redmond of 433 West Louther Street, Carlisle, Cumberland County, Pennsylvania, hereinafter refen~ed to as `'Wife", and Joshua A. Redmond of S Mount Rock Road, Ne~rville, Cumberland County, Pennsylvania hereinafter referred to as Husband''. WITNESSETH: WHEREAS, the parties hereto are Husband and Vt~ife, having been married on July 4, 2003 in Cumberland Caunty, Pennsylvania. There were two children born of this marriage, said children being: Aubrey Noelle Redmond and Summer Leah Redmond, both barn May 25, 2005; WHEREAS. diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of V4jife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; ~'" ~ °r ," , WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and all will ensue from the execution hereof; WHEREAS, Wife acl:~iowledges that she is thoroughly conversant with aild knows accurately the size, degree,. and extent of the estate and. income of Husband, and Husband acknowledges that he is thoroughly conversant with and lulows accurately the size, degree and extent of the estate and income of Wife; NOW; THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COIJI~TSEL: This Agreement has been prepared by Hannah Herman-Snyder, Esquire, the attorney for Wife. Said attorney at the commencement of, and. at all stages during the negotiation of this Agreement, informed Husband that she has acted solely as counsel for Wife and has not advised or represented Husband in any manner whatsoever. Husband, at the commencement of, and all stages during the negotiation of this Agreement, has been informed by Idannah Herman-Snyder, Esquire, that he has a right to be represented by his own counsel and has encouraged him to seek the advice of counsel. Husband has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it freely and voluntarily. 2. WARRANTY OF DISCLOSURE: The parties warrant aid represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 3. PERSONAL RIGH'T'S .AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control restraint, interference or authority, direct or indirect, by the other in all respects as if they were uiunarried. They may reside at such place or places as they may select. Each may. for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, Y`. :~ . no-fault divorce pursuant to the terms of Section 3 ~O1 (c) or (d) of the Divorce Code of 1190. 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement hall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 6. DATE OF E~iF,CUTION: The `'date of execution" or "execution date'" of this Agreement shall be defined as the date upon which ii is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execLrtion" or ``execution date" of this Agreement shall be def ned as the date of execution by the party last executing this Agreement. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. with full power to him or her to dispose of the same as fulh~ and effectually, as though he~ or she were unmarried. 8. BANK ~CCOIJNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have be equitable distribution in their respective banl: accounts, checking or savings, if any, and each party waives against the other an}~ duty of accounting for disposition of any jointly held funds. The parties hereby conf rm their prior dist~•ibution of the contents of their joint savings account and neither shall hereafter make anv claim against tlae other regarding the same. 9. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both parties, they agree as follows: a. The Ford Focus shall become the sole and exclusive property of Wife. Wife shall pay off the balance of the loan with the parties' joint tax return. Husband shall, within ten (lOj days of being requested to do so by Wife, execute any and all documents necessary to transfer the title and registration of the vehicle to Wife's name alone. Husband will waive any ri~ht, title aild interest in said vehicle from the time forward. b. The Toyota truck shall become the sole and exclusive property of Husband. Husband shall, within. ten (10) days of execution of this agreement, refinance the loan against said truck into hi.s name alone and shall hold Wife harmless therefrom. Wife shall promptly execute any and all documents necessary for Husband to refinance the existing loan against the Toyota. Wife shall, upon proof of refinance, execute the -*. ~ :~ paperwork necessar~~ {or Husband to transfer the title and registration of the Toyota into his name alone. 10. AFTER-ACQUIRED PERSONAL PROPERTY/REAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property%, tangible or intangible, and any real estate hereafter acquired by him or her, with fiill power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. DEBTS: a. Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts. claims, demands and obligations whatsoever, both in law and in equity, which either of them. ever had. now has, or may hereafter have against the other upon or by reason of any matter. cause or thing up to the date of the execution of this Agreement. b. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provision of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law (to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property :;:.efficient to meet all obligations to the creditor spouse .~ ;w as set forth herein, includin~~all attoi7~ey's fees and costs incurred in the enforcement of this paragraph or any other p~~ovision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives auy and all right to assert that any obligation hereunder is discharged or dischargeable. 7,he failure of any party to meet his or her obligations under any one or more of the para~~raphs herein, with the exception of the satisfaction of conditions precedent; shall not in any way void or alter the remaining obligations of either of the parties. c. Husband shell indemnify and hold Wife harmless for any credit card debt incurred during their marriage; which is in his name alone. He shall maintain sole and exclusive responsibility for said debt from this date forward. 12. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. I/ach party agrees to indemnify or hold the other party harmless fi-om and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 13. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by die other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 14. HEAL'fl1 TNSURANCI -CHILDREN: Husband shall provide health insurance for the benefit of the children for as long as the children are eligible for coverage. Even if Husband should change jobs, as long as he has health insurance available to him, he shall provide health insurance for the children for as long as the~~ are eligible to receive coverage on his health insurance plan. 15. CHILD SUPPORT: Husband agrees to pay Fife child support in the amount of $860.00 a month pursuant to the Domestic Relations Order which he has agreed to, and which is being filed with the Domestic Relations Office simultaneously with the execution of this agreement, such that he tivill be wage attached through the Domestic Relations Office. 16. WAIVER OF SUPPORT: a. Husband hereby waives all right to claim against Wife support, alimony, alimony pendente lice, counsel fees and expenses. b. Wife hereby waives all right to claim against Husband support, alimony, alimony pendente lite. counsel fees and expenses. 17. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full . ~ , ' '~ , force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 18. DNORCI~: Wife shall commence an action for divorce from Husband pursuant to Section 3341 (e) or (d) of the I'erulsylvania Divorce Code (il7etrievable breakdown) by the filing of a Complaint. Both parties shall, at the expiration of ninety (90) days from the date of service on Husband, furnish Wife's attorney with an Affidavit of Consent and Waiver of Notice, Evidence that each ol'them consents to the divorce. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Peivlsylvania Code; Act No. 1990-206. b. This :~~,~reement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be emerged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 19. LEGAL FEES: Husband agrees to pay Wife's counsel all fees associated with the parties' divorce, including but not limited to costs for the custody action, support action, and divorce. Husband agrees to pay all of Wife's attorney's fees within fifteen (15) days of being provided with a final bill by Wife's attorney, which Wife's attorney will mail directly to Husband. . ..~ 20. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, eithex to sue for damages for such breach, in which event the breaching party shall be responsible for payment for legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 21. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 22. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendent elite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. ~~ , 23. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and by this agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 24. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 25. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this agreement or cause any new marital rights or obligations to accrue. .. ~,~~ , 26. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1990. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 27. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties othex than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and maybe enforced as an independent contract. 29. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 30. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To the Husband at 8 Mount Rock Road, Newville, PA 17241. b. To the Wife at 433 West I,outher Street, Carlisle, PA 17013. 31. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. •. ~ { ~ . ~ • s ~ , 32. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 33. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inuxe to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 34. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 35. SUBSEQUENTLY DISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE: Should either of the parties subsequently discover the existence of any marital property not distributed by this Agreement, said property shall be divided in the same proportion as this Agreement's equitable distribution of marital property. However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees, and attorney's fees occasioned by the failure to disclose its existence or true value. Y~ ~~! ITV W1TNL'SS YT'HEIZEOT, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and vear first above written.. Witness: ~~ Seal) Leslie J. Redmond /jam (Seal) sl ua A. Redmond ~ ~,^,p ~ .. • , '. ' . COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY Or r~^ ,.~~'~`~ ~,,car't ~~~ ~ ) On this, the ~~ day of _ , 2007, before me, a notary public, the tu~dersigned officer, personally appeared Leslie d. Redmond, known to me (or satisfactorily proved) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof. I hereunto set my hand and notarial seal. . ~ ~Pt~b ~' irita No~mb~r i,1IQ10 COMMONWEAL"I'H OF PENNSYLVANLg COUNTY O~F~~IN~~"~' l SS. On this, the r~~ dad= of ~~~,~~` , 2007, before me, a notary public, the undersigned officer, personally appeared Josl:ua A. Redmond, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. GsC. ~// ' Notary Public COMMONWEAL 1 ~ ur PENNSYLVANIA NptarF~ Seal ~ Bono, Lyooming CattMy My Commies Expires July 28, 2098 Member, Pennsylvania As~ocia~on Oi Notartes ~~ ~~~~~ o ~-~ '~ ~~ c_,:. `~ ,.~ , ;a s .~.- ~ 1. 3 .~ iL ~c~ '~ +<j f- i ,, ,> t_~ ~~~ .-x.. LESLIE J. REDMOND, Plaintiff v. JOSHUA A. REDMOND, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5455 CIVIL TERM CIVIL ACTION-LAViJ 1N DIVORCE 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) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on September 20, 2007, 3. Complete either paragraph {a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: 12119/07 by Defendant: 12/29/07 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 28, 2007 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: January 7, 2008 Hannah Herman-Snyder, Esqui GRIFFIE & ASSOCIATES Attorney for Plaintiff ~ ~ t ~, -ca -r~ ~ :, ' ~ ` T - __ „ .~~: >~ e'? `~ s , `7 ~ ,~. ... ~5 LESLIE J. REDMOND, Plaintiff v. JOSHUA A. REDMOND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5455 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on September 1~, 2007, and service was made on September 20, 2007 by restricted delivery, certified mail. 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 intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARF MaL1E CLTBJECT TO THF_ PENALTIES OF ~ R Pa.C.S. ,4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. . ~ Q' ~~~ Q 7 ~~- DATE. I J A A. REDMOND, Defendant ~~~' ~ ~~r ~ ~ ~ ' ~-- ~ ~ . -~;. -~-~ ; ~~- ~_, rty=r LESLIE J. REDMOND, Plaintiff v. JOSHUA A. REDMOND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5455 CIVIL TERM CIVIL ACTION-LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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. ~ ~ ~r Tr~> ~T ^'F'~l! ~I~TTC~ >`.4 ~ Thy 'T`I~~ L' T r i v li mil 1 T Y[ i 1 1 l~LL .~ i ~i a Liv~i:i r 1 ~:J rii ll~i. ~i i a it, i 11i~EvO~i l~v li AFI Ii1:`t~TI i 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: ~~ ~ ~_ ~~.. JO A A. REDMOND, Defendant ~ ~ ~~ L4~ _ l ~~ ~ ~ ~ _p-~ .. ern --~ 1 N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. ~ ~_~. _ ~~- - , LESLIE J. REDMOND PLAINTIFF VERSUS JOSHUA A, REDMOND, DEFENDANT N O. 2007-5455 DECREE IN DIVORCE AND NOW, ~J~ ~ _ ,' ~ IT IS ORDERED AND DECREED THAT AND LESLIE J. REDMOND ,PLAINTIFF, JOSHUA A. REDMOND ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC RD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~~~~ The parties' Property Settlement Agreement entered into on A„m,ct 7R _ ~~~7 i ~ i nc-nrnnrate~3 herein. wit o,~i 'cred. BY THE ATTEST: -~ PROTHONOTARY .. ~ . . d~ 'z;. / f/7/ ~, ~~ ~.. ~,~~ (. ~r ~ ~%