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HomeMy WebLinkAbout03-5429 RONALD ROY SEAGRAVE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A B~.' 5 L/ :l 'f CIVIL TERM PIA SElJA SEAGRAVE, Defendant 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOUID TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNIT BAR ASSOCIATION 32S0UlliBEDFORD CARliSLE, PA 11013 (111) 249-3166 OR (800)990-9108 RONALD ROY SEAGRAVE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. c.,S -5'1)," CIVIL TERM PIA SElJA SEAGRAVE, Defendant CIVIL ACTION - LAW IN DNORCE COMPLAINT 1. Plaintiff is Ronald Roy Seagrave, who currendy resides at 101 Mt. Rock Road, Newville, Cumberland County, Pennsylvania 17013. 2. Defendant is Pia Seija Seagrave, who currendy resides at 309 Tulip Cirlcle, Fredericksburg, Virginia 22108 and is employed at the Department of English, Gallaudet University, 800 Florida Avenue, N.E., Washington, D.C. 3. The Plaintiff has been bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 31,1996 in Fredericksburg, Virginia. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, ~ 3301(c) and 3301 (d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since April 25, 2003. 8. 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 such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT 11- EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from August 31, 1996, until April 25, 2003, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintifflacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 16. Plaintiff requires reasonable support to maintain himself adequately in accordance with the standard of living established during the marriage. 17. Plaintiff suffers from a life threatening illness and it is necessary for him to be maintained under the Defendant's health insurance plan. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendent elite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 18. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff has retained the law offices of ABOM & KUTULAKIS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff may need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, A r\M ,,, UTULAKIS, L.L.P. DATE /0('1/0'3 n A. Abom ID No. 77961 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attontry for Plaintiff VERIFICATION I, Ronald Roy Seagrave, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. [),k tJ;t d/~ ~~, . , ~, (0 - :r- ~~~ __ . . v:; Q :tt " '. ~..~. ~ r~ ~ Cn -' ,>.: .. .' ~ ~ f C't).15 cc ,-,'; ') ~;t: :~.; - .~..;., '-::j >- RONALD ROY SEAGRAVE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 03-5429 CIVIL TERM PIA SElJA SEAGRAVE, Defendant CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this~day of i/J,.U.lA'l1lJt./L-. 200 3 between Ronald Seagrave, (hereinafter referred to as "HUSBAND"), and Pia Seagrave (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 31, 1996, in Fredericks burg, Virginia: and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous offsetting their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband had been represented by Kara W Haggerty, Esquire, of ABOM & KUTULAKIS, LLP. and that Wife is not currendy represented in this action. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that 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. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife 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 in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. ? MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or courtesy; excluding claims in the nature of dower or courtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, excluding all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the martial relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, excluding the house in Pennsylvania which they both now own, but including any property they may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 20. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION. PROFIT-SHARING. RETIREMENT. CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. 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 and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the martial property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. 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 effected without the introduction of outside funds or other property not constituting martial property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Except as otherwise set forth hereinafter, neither party shall make any claim to any such items of marital property, or of the separate personal 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, and 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, and 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. A.nything to contrary contained herein notwithstanding, Husband and Wife shall be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provision of the Divorce Code, at the time of the signing of this Agreement. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. OTHER PROPERTY. i. Wife hereby expressly releases all claims she may have to Sergeant Kirklands Museum and Historical Society. ii. Husband agrees to provide to Wife three (3) copIes of all books edited by Wife. 8. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS. The parties shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. 9. REAL ESTATE. The parties acknowledge that they are the joint owners of the marital residence situate at 101 Mount Rock Road, Newville, Pennsylvania. From the date of this Agreement, Husband shall assume as his sole obligation all of the expenses incident to the use and ownership of the said marital home, including, without limitation, any and all mortgage payments, specifically the existing mortgage with Washington Mutual Bank, taxes, liability and fire insurance, utilities, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements, and further covenants and agrees to indemnify and hold Wife harmless from any such liabilities, obligation or expenses or any claims or demands as a result thereof. The mortgage shall be paid by Husband on a monthly basis. Until such time as the mortgage is paid in full and/or after the mortgage obligation is satisfied, Husband shall be able to dispose of the marital home in any manner he chooses via a limited power of attorney with any and all proceeds from a sale of the home remaining solely with Husband, except for the following circumstances: (a) if Husband and Wife are still married at the time of any sale of the Pennsylvania property, have reconciled and are living together, the one-half of the proceeds go to Husband and/or Husband's estate and one- half of the proceeds go to Wife and/or Wife's estate, with such proceeds being realized after any arrearage, penalties, fees, etc., are satisfied; (b) if Husband and Wife are divorced, separated, or not reconciled at the time of any such sale, then all the proceeds go to Husband or Husband's estate after any arrearage, penalties, fees, etc., are satisfied, with Husband being free to determine who his beneficiaries, if any, will be. In the event that Husband falls ninety (90) days in arrears on the mortgage payments, Wife has the express authority, via a limited power of attorney, to place the marital residence on the market for sale. Proceeds shall be divided according to the above-mentioned conditions dependant upon the marital status of the parties as described. Should the parties reconcile and choose to live together in the Pennsylvania house, Wife will place the Virginia house on the market for sale. Proceeds will be used to cover the costs of settlement, agent commissions, moving costs, etc. If Wife returns to the Pennsylvania property, Wife will assume full mortgage payment responsibilities for three (3) years. Thereafter, mortgage responsibilities will be equally shared by both parties. The parties acknowledge that Wife shall have the sole right to claim any available tax deductions associated with the said residence beginning with the 2003 tax year, and continuing for every tax year thereafter except by mutual agreement. The parties acknowledge and agree that Wife is the sole owner of the residence situate at 309 Tulip Circle, Fredericksburg, Virginia. It is agreed that the disposition of this property shall be provided for in Wife's will. 10. DEBTS. Husband represents and warrants to Wife that since the separation 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 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 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. Wife hereby assumes and shall be solely responsible and liable for the payment of the following obligations: a lump sum payment of Thirteen Thousand ($13,000.00) dollars (minus any taxes and/or early withdrawal and/ or any other fees which may be assessed against the totality), payable to Husband. These funds will be withdrawn from Wife's Thrift Savings Plan and $4,300.00 from the Fidelity mutual Magellan fund accounts. Said payment shall be transferred by electronic transfer into Husband's checking account with Farmer's National Bank, Newville, Pennsylvania, Account #031309945 212793 8, within sixty (60) days of the execution of this Agreement. 11. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto, with the exception of the following: Husband and Wife agree to share equally the costs associated with the property settlement negotiation meeting and the drafting of this Agreement by Husband's attorney. 12. DIVORCE: A Complaint in divorce has been filed to No. 03-5429 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties hereby agree that said divorce shall remain open and pending for a period of three (3) years from the date of service of October 14, 2003. The parties hereby agree that on or after October 14, 2006, both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301 (c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 13. MEDICAL INSURANCE. Wife shall continue to maintain Husband on her medical insurance coverage for a period of three (3) years, until such time as a final Decree in Divorce is entered. Said medical insurance coverage shall be of like type and benefits of the insurance currently provided as of the date of this Agreement. Husband shall pay for his own co-payments and his share of the annual deductible (currently 1/5 of $500.00). 14. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting there from shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 15. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by both parties stating that this Agreement is null and void. 16. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 17. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 18. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 21. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/ or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 22. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 23. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 25. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 26. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicative, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: ~u)~~~ ~U). r~~, Lht /4//4 (Ronald Seagrave Rj~~~'E- Pi~ Seagrave . COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this/oh..eiay of ;j)~A) , 2003, before me, the undersigned officer, personally appeared Ronald Seagrave, 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. ~d~iJaar N TARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Rh~nda D. RI!'iY, NO!mY Public . Carhsle Born, Cumberlanil County My Commission Expires Aug. 12, 2006 Member. Pennsylvania Association of NotarIes COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this /O'ff..-day of I&.-I'.I~ " 2003, before me, the undersigned officer, personally appeared Pia Seagrave, 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. ~:~&/~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Rhonda D R'!<iY NO!mY Pub!' Carlisle !3o.ro, Cumberlanil eo.: My CommISSIon Expires Aug. 12, 2~ Member, Pennsyfvanla ASSOCIation of NotarIes (') c s:: '"0"1 mfr' -7 "1: zr..' ~~ ~~: t-~ C; ~8 :i>C ~ c' (."" ~.~ .., ;-) C) ~~h -"'-, ~ ;1 c:.: '-; .., ,~:} --~-. , '1 ~-.~ C") ;_~_5rn ---I "'. .n -< N &" RONALD ROY SEAGRAVE vs Case No. 03-5429 PIA SElJA TAAVlLA (formerly SEAGRAVE) Statement of Intention to Proceed To the Court: PIA SElJA TAAVILA intends to proceed with the above captioned matter. Print Name MARYLOU MATAS SignNarne ~~~ tvl~ 6 Date: 9/22/06 Attorney for DEFENDANT Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 190 I." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the actibn shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ~ 0J~' ~~f"'-> (/-~ ;::'. -1"':'::- ~~:: .. g CI'" (j') \'l -c) N 0" .t:-'CJ '=;;' C:. -:7 "'-\ -"1 -<', :2 ~ q. ~-r\ \'"I' r:: -08 -0 T ~~Q" ~C-n ';;- :;:~~ o -=-I ;e; ~ C-? t:.,,) \.P RONALD ROY SEAGRAVE, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 03-5429 PIA SElJA TAAVILA, (formerly SEAGRAVE) Defendant :IN DIVORCE ACCEPTANCE OF SERVICE I, PIA SElJA TAAVILA, (formerly SEAGRAVE), Defendant in the above- captioned matter, accepted service of the Complaint in Divorce via regular mail on or about October 25, 2003. Dated: 11'15 - 04. 9, -.- ,,' 1 '"~ N -t:"': U\ SAlOIS, FLOWER & LINDSAY ~AJ"IAW 26 West High Street Carlisle, PA II RONALD ROY SEAGRAVE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5429 PIA SElJA T AA VILA, (formerly SEAGRAVE) Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed October 14, 2003. 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 in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my ~....,",. ."..... knowledge, information and belief. I understand that false statements herein are ma e sub,ject to the Date: tJpf ~3 ~#/ . / . PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQU T ENTRY OF A DIVORCE DECREE UNDER~ 3301 (e) 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date:t1~ ,t~ ~~~6 ac\ ,0 1\11 o -" ...\;.~::. N N -- c.J1 - SAIDIS, FLOWER &. LINDSAY ATIOIINEl'S<,(f.IAW 26 West High Street Carlisle, PA II I RONALD ROY SEAGRAVE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5429 PIA SElJA TAAVILA, (formerly SEAGRAVE) Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed October 14, 2003. 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 in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalUes 0118 Pa.C.S. 4904 relating to unsworn lalsifica~a~ ~ Date:/IJ-~-Oh ~~...=4u~ la Selja Sea ave DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER6 3301 tel 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 J 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 to the best of my knowledge, information and belief. I understand that false statements herein are made SUbject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. //;, ).~ : ~ ~~ilJ:~ )'Ia SeiJa Sea ve ' Date:~ i f'-." c;:::::; ,.-... .:::;,,:-"'l .,~j ""...... ,'1 --:4 N N -"')', Ul I'..~ RONALD ROY SEAGRAVE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNT'/, PA v. NO. 03-5429 CIVIL TERM PIA SElJA SEAGRAVE, Defendant CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this~ay of If);~~~ 2008 between Ronald Seagrave, (hereinafter referred to as "HUSBAND''), and Pia Seagrave (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 31, 1996, in Fredericksburg, Virginia: and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous offsetting their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/ or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to ohtain independent legal advice of counsel of his or her selection; that Husband had been represented by Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P. and that Wife is not currently represented in this action. The parties represent and warrant that they have fully disclosed to' each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the ", facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that 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. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife 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 in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in Of against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or courtesy; excluding claims in the nature of dower or courtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, excluding all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, at: the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the martial relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, excluding the house in Pennsylvania which they both now own, but including any property they may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of propertY, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 20. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether teal, personal or mixed, sha.ll be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosUres made prior to entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. ' INCOME TAX CONSIDERATIONS, The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS, The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERlY. 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 and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the martial property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital pmperty is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting martial property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, A. DMSION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Except as otherwise set forth hereinafter, neither party shall make any claim to any such items of marital property, or of the separate personal 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, and tides 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, and 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. Anything to contrary contained herein notwithstanding. Husband and Wife shall be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provision of the Divorce Code, at the time of the signing of this Agreement. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B, OTHER PROPER1Y. i. Wife hereby expressly releases all claims she may have to Sergeant Kirklands Museum and Historical Society. ii. Husband agrees to provide to Wife three (3) copies of all books edited by Wife. 8. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS. The parties shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. 9. REAL ESTATE. The parties acknowledge that they are the joint owners of the marital residence situate at 101 Mount Rock Road, Newville, Pennsylvania, From the date of this Agreement, Husband shall assume as his sole obligation all of the expenses incident to the use and ownership of the said marital home, including, without limitation, any and a.ll mortgage payments, specifically the existing mortgage with Washington Mutual Bank, taxes, liability and fire insurance, utilities, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements, and further covenants and agrees to indemnify and hold Wife harmless from any such liabilities, obligation or expenses or any claims or demands as a result thereof. The mortgage shall be paid by Husband on a monthly basis. Until such time as the mortgage is paid in full and/or after the mortgage obligation is satisfied, Husband shall be able to dispose of the marital home in any manner he chooses via. a limited power of attorney with any and all proceeds from a sale of the home remaining solely with Husband, except for the following circumstances: (a) if Husband and Wife are still married at the time of any sale of the Pennsylvania property, have reconciled and are living together, the one-half of the proceeds go to Husband and/or Husband's estate and one- half of the proceeds go to Wife and/or Wife's estate, with such proceeds being realized after any arrearage, penalties, fees, etc" are satisfied; (b) if Husband and Wife are divorced, separated, or not reconciled at the time of any such sale, then all the proceeds go to Husband or Husband's estate after any arrearage, penalties, fees, etc" are satisfied, with Husband being free to determine who his beneficiaries, if any, will be. In the event that Husband falls ninety (90) days in arrears on the mortgage payments, Wife has the express authority, via a limited power of attorney, to place the marital residence on the market for sale. Proceeds shall be divided according to the above-mentioned conditions dependant upon the marital status of the parties as described. Should the parties reconcile and choose to live together in the Pennsylvania house, Wife will place the Virginia house on the market for sale. Proceeds will be used to cover the costs of settlement, agent commissions, moving costs, etc. If Wife returns to the Pennsylvania property, Wife will assume full mortgage payment responsibilities for three (3) years. Thereafter, mortgage responsibilities will be equally shared by both parties. The parties acknowledge that Wife shall have the sole right to claim any available tax deductions associated with the said residence beginning with the 2003 tax year, and continuing for every tax year thereafter except by mutual agreement. The parties acknowledge and agree that Wife is the sole owner of the residence situate at 309 Tulip Circle, Fredericksburg, Virginia. It is agreed that the disposition of this property shall be provided for in Wife's will. 10. DEBTS. Husband represents and warrants to Wife that since the separation 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 resporisible, and he shall indemnify and save Wife harmless 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 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. Wife hereby aS5;umes and shall be solely responsible and liable for the payment of the following obligations: a lump sum payment of Thirteen Thousand ($13,000,00) dollars (minus any taxes and/or early withdrawal andlor any other fees which may be assessed against the totality), payable to Husband. These funds will be withdrawn from Wife's Thrift Savings Plan and $4,300,00 from the Fidelity mutual Magellan fund accounts. Said payment shall be transferred by electronic transfer into Husband's checking account with Farmer's National Bank, Newville, Pennsylvania, Account #031309945 212 793 8, within sixty (60) days of the execution of this Agreement. 11. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto, with the exception of the following: Husband and Wife agree to share equally the costs associated with the property settlement negotiation meeting and the drafting of this Agreement by Husband's attorney, 12. DIVORCE: A Complaint in divorce has been filed to No, 03-5429 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties hereby agree that said divorce shall remain open and pending for a period of three (3) years from the date of service of October 14, 2003. The parties hereby agree that on or after October 14, 2006, both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 13. MEDICAL INSURANCE. Wife shall continue to maintain Husband on her. medical insurance coverage for a period of three (3) years, until such time as a final Decree in Divorce is entered. Said medical insurance coverage shall be of like type and benefits of the insurance currendy provided as of the date of this Agreement. Husband shall pay for his own co-payments. and his share of the annual deductible (currendy 1/5 of $500.00). 14. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting there from shall not be dischargeable in bankruptcy, should either party f1le for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 15. RECONCILIATION, Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by both parties stating that this Agreement is null and void. 16. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a COUIt Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 17. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execunon by the party last executing the Agreem~nt. 18. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20, BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreemen't enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 21. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/ or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 22. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 23. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, tides, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 25. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them, 26. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only, They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicative, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: ~~~~ ~W'~/Lht- ~~ dO. ~_/_ (Ronald eagrave . f;~ d, ~'~'E_ Pia Seagrave i I . COMMONWEALTH OF PENNSYLVANIA SS. COUN1Y OF CUMBERLAND On this/~ayof Ji)~A.J, 2003, before me, the undersigned officer, personally appeared Ronald Seagrave, 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. ~dJ.-~au~. N TARYPUBLIC ' M W FP M Notarial SoaI Rboada D D.... N .' Clrlisle Jbo:~ Public My Commlssiori ExpireS AuJ. ~ Member. Pennsy!yellill AIIodetion d NolIdeI COMMONWEALTH OF PENNSYLVANIA SS. COUN1Y OF CUMBERLAND On this~ayof '().J~.J~.. 2003, before me, the undersigned officer, personally appeared Pia Seagrave, 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, ~-k~~ NOTARYPUBUC COMM M NoIIriaI Sell &r:loda D. ~. ~ Pub& MY~~~ Member, ~Ie AIIoc:Iedon d....... 0 C_' 0 ~, (....\ -n ~ ; rRH!. ,." -, .:. .,,~\ ;'-' , . ,~-~.. Z:t; . . . ~ <~ zs~ ,- , : 'r ~'7 -' . -1';') t--o -"I . I. . . -." ~ ::l' ~;~h ~ ~ ;'jrfi ;:i ~. ~ ~ :~~2 C___i -n c:~......., :::i :.... "II-~..:.. f'.' 1',,) -:--1 .,~ (J'''l L; SAlOIS, flOWER & LINDSAY ATIDIlNE\'lMToIAW 26 West High Street Carlisle, P A II RONALD ROY SEAGRAVE, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 03-5429 PIA SElJA T AA VILA, (formerly SEAGRAVE) Defendant :IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on or about October 25, 2003, via Regular Mail. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 10/23/06 and filed contemporaneously herewith By Defendant: 10/28/06 and filed contemporaneously herewith 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated 12/20/03 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 10/23/06 and filed contemporaneously herewith By Defendant: 10/28/06 and filed contemporaneously herewith /l("~,, ~~ MarYf Mata, Esquire SAlOIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: {I/ Z z / CJ fc, ~ C? ~~ - ()1 (') '" '" '" '" "'''' '" "'''''''''''''''' "''''''' "'''''''''''''''' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. RONALD ROY SEAGRAVE No. 03-5429 VERSUS PIA SElJA TAA VILA (Formerly Seagrave) DECREE IN DIVORCE AND NOW, N~~~ RONALD ROY SEAGRAVE JI)(JIo DECREED THAT AND PIA SElJA T AA VILA (formerly Seagrave) ARE DIVORCED FROM THE BONDS OF MATRIMONY. IT IS ORDERED AND , PLAI NTI FF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated December 10, 2003 are incorporated, but not merged, into this Ivorce. By ATTESfJ~ "''''''' ~ ~ ~ ~~~~ ~~~~~~~~~ ~~~ ~ ~ ~ J. PROTHONOTARY "''''~~~~~~~~'''~ ~~~~~~ nz:-w .~.t ~ ~ 'fr/. Ir - el R % /~--'" ~'r9 v. /1- el .. 4 . ~ ·