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HomeMy WebLinkAbout08-1476JAMES D. SAUSSAMAN, Plaintiff V. JULIE C. SAUSSAMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 14'7(0 i v i i Term CIVIL ACTION - LAW IN DIVORCE NOTICR You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 o J Co lly, Jr., Esqu e tto for laintiff JAMES D. SAUSSAMAN, Plaintiff V. JULIE C. SAUSSAMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0f-_ /y7 CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary JAMES D. SAUSSAMAN, Plaintiff V. JULIE C. SAUSSAMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. ?- /y7L CIVIL ACTION - LAW IN DIVORCE COUNTI COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is James D. Saussaman, who currently resides at 7 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Julie C. Saussaman, who currently resides at 7 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 7, 1991, in Hancock, Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. This action is not collusive. WHEREFORE, the Plaintiff requests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. Date: A-9 V 0 5 JAMES, SMITH, DIETTERRICK & CONNELLY Jo C ne y, Jr., Esquire At rn Pl intiff P.O. ox 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I, James D. Saussaman, verify that the statements made in this Pleading 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 falsification to authorities. Date: Z - Z 9 -© iz D. Saussaman (Ij UI V1 G1 10 C m T rv c? co A :lK 1 ,-n 't7 cn N q J -G O JAMES D. SAUSSAMAN, Plaintiff V. JULIE C. SAUSSAMAN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1476 CIVIL ACTION - LAW IN DIVORCE PR AFC'IPF. Please reinstate the above-captioned divorce action on behalf of the Plaintiff, James D. Saussaman. Dated: W'9-0 19 By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP Hershey, PA 17033-0650 (717) 533-3280 ? ? C? °O O O b JAMES D. SAUSSAMAN, Plaintiff V. JULIE C. SAUSSAMAN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1476 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please reinstate the above-captioned divorce action on behalf of the Plaintiff, James D. Saussaman. Dated5° I By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP J?l? J. Celly, Jr. rnev D 15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 ?v -W O p =r? . f T C JAMES D. SAUSSAMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1476 JULIE C. SAUSSAMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the above-captioned divorce action on behalf of the Plaintiff, James D. Saussaman. JAMES, S H, DIETTERICK & CONNELY, LLP Dated: L-q'0 By: onn ly, Jr. I.D. 5615 Hershey, PA 117033-0650 (717) 533-320 Pi JAMES D. SAUSSAMAN, Plaintiff V. JULIE C. SAUSSAMAN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1476 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please reinstate the above-captioned divorce action on behalf of the Plaintiff, James D. Saussaman. Dated: r' 9 - D g By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP Y.U. Box 65U Hershey, PA 17033-0650 (717) 533-3280 `= C -n -lA F r C? 1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SAUSSAMAN JAMES D VS SAUSSAMAN JULIE C TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon SAUSSAMAN JULIE C the DEFENDANT at 0014:22 HOURS, on the 23rd day of July , 2008 at C/O EDS CORPORATION CAMP HILL, PA 17011 JULIE SAUSSAMAN 225 GRANDVIEW AVENUE by handing to DEFENDANT a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 7/a 5/a 18.00 15.00 .00 10.00 .00 ? 43.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/24/2008 JAMES SMITH DIETTERICK By:_ De uty She iff A.D. JAMES D. SAUSSAMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 08-1476 JULIE C. SAUSSAMAN, : CIVIL ACTION - LAW a Defendant : IN DIVORCE -- .M ixt ?>J AFFIDAVIT OF CONSENT C) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code w5&igindily°r; filed on March 5, 2008 and reinstated on the following dates: April 3, 2008, May 5, 20081 6.40, 2008 and July 10, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: t lc-?Qll ` I 0, Defendant man, De . a J h *Sauss JAMES D. SAUSSAMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1476 JULIE C. SAUSSAMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 70 ?r 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code ?riall filed on March 5, 2008 and reinstated on the following dates: April 3, 2008, May 5, 2M June 10 r? z7- 2008 and July 10, 2008. -% C- 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: 4/26/11 6) -?- J es D. Saussaman, Plaintiff MARITAL SETTLEMENT AGREEMENT AGREEMENT made this 22nd day of April, 2011, by and between JAMES D. SAUSSAMAN, hereinafter called "Husband," and JULIE C. ( SAUSSAMAN, hereinafter called "Wife."3 WITNESSETH: - < --' C -Lt WHEREAS, in consequence of disputes and unhappy different the C) v? parties are separated and living apart from each other; and - `' WHEREAS, the parties desire to confirm their separation and make arrangement in connection therewith; and IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each party at all times hereafter to live separate and apart, if they choose to, from the other party at such place or places as he or she may from time to time deem fit. 3. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Each may carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 4. ADVICE OF COUNSEL, COUNSEL FEES A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. C. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, John J. Connelly, Jr., Esquire, and to Wife by her attorney, Charles E. Petrie, Esquire. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 5. DIVISION OF PERSONAL PROPERTY - Husband shall be the sole owner of the following items of personal property: a. Wife shall retain the 2006 Subaru Forester; Husband shall retain the 2007 GMC Yukon and the 1992 Chevrolet Corvette. b. Husband shall take ownership and possession of the lawn mower, snow blower, grill, and his personal family items, including the Nativity 2 set and the pool table. c. Wife shall be the sole owner of the remaining items of personal property in, on, or about the marital real estate. d. Wife shall be the owner of the exact sum of Twelve Thousand Dollars ($12,000.00) from the parties' savings account at Metro Bank already withdrawn by Wife. Wife shall deposit the sum of $10,000.00 into said account to bring the balance to $25,000.00. Husband shall be the sole owner of the remaining $25,000.00 in the savings account. Except as outlined in this paragraph, the parties have heretofore divided their personalty to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. 6. AFTER-ACQUIRED PROPERTY - Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, whether or not marital assets were utilized in the acquisition, since the date of the parties' separation, or if not separated, the date of the execution of this Agreement, with full 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; and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after-acquired 3 property of the other party pursuant to the terms of this paragraph. 7. NO-FAULT DIVORCE - The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in Husband's Cumberland County divorce action. Upon the signing of this Agreement the parties shall execute and file all documents and papers, including affidavits of consent, so that a divorce decree may be entered. 8. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS - Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: 4 a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 9. PENSION BENEFITS - Except as outlined below, Husband and Wife each agree to release and waive any right, title or interest which either party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, 401(k), IRA, or any other plan or account or retirement or deferred income). Each party agrees to execute whatever documents are 5 required to effectuate the purpose of this paragraph. Each party appoints the other as the attorney-in-fact for the purpose of consenting to any election under any plan under the applicable section 417 of the Internal Revenue Code or the applicable section of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under his or her respective retirement plans constitute his or her own separate property. Specifically, each party will retain full and sole ownership of his or her IRA(s), and Husband shall be the sole owner of his 401(k) plan through H. B. McClure. 10. MARITAL DEBTS - The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which 6 provide for joint liability. Specifically, Wife agrees to be fully and solely responsible for any and all debt that is currently owing to her mother, NANCY INGRAM. Wife shall hold Husband harmless from any liability arising out of Wife's failure to pay this debt. 11. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her since the date of the separation. 12. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him since the date of the separation. 13. REAL ESTATE - The parties acknowledge that they are the owners of real estate known and numbered as 7 Keystone Drive, Mechanicsburg, County of Cumberland, Pennsylvania. The parties agree that the real estate will remain in joint names and Wife will have exclusive possession. Husband's attorney will prepare a quitclaim deed for Husband to execute at the time of the execution of this Agreement. Husband's attorney will hold the deed in escrow pending Wife's refinance. The parties further agree that Wife will refinance the 7 mortgage debt secured by said real estate on or before August 1, 2011, at which time Husband's attorney will release the deed transferring Husband's interest in the real estate to Wife. If Wife is unable to refinance said mortgage debt prior to August 1, 2011, then the real estate shall be sold and the proceeds from the sale shall belong solely to Wife. Wife agrees to be fully and solely responsible for payment of the mortgage debt, taxes, insurance, utilities and upkeep of said real estate until refinance or sale. Wife further agrees to hold Husband harmless from any liability arising out of Wife's failure to pay any of these debts. The parties further agree that Husband will cooperate in the execution and delivery of any and all documents necessary to effectuate Wife's refinance, including a spousal waiver if required. If Wife is unable to refinance, both parties agree to sign any and all documents necessary to sell said real estate. 14. ALIMONY - Husband shall pay to Wife the sum of One Thousand Dollars ($1,000.00) per month for a period of 60 consecutive months, commencing on the first day of the month following the execution of this Agreement. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 (b) (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal 8 Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code as amended, or any similar future laws or regulations related thereto. Said alimony payments shall terminate and any and all future payments shall be rendered void thereafter upon the first of any of the following events to occur: a. Husband's death. b. Wife's death. c. Wife's remarriage. d. Wife's entering into cohabitation with a male who is not a member of Wife's family within the degrees of consanguinity set forth in 23 Pa. C.S.A. § 3707. e. Husband has paid Wife the sum of Seventy-two Thousand Dollars ($72,000.00) in alimony. 15. TAXES - Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest and/or penalties assessed as a result of any error in the reporting of income and/or in the preparation of any tax return by the other party during the years in which they were married. 9 16. WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTATE - Wife does hereby remise, release, quitclaim and forever discharge Husband and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to elect against Husband's Will, Social Security, Pension Plans, Life Insurance Policies and any other monies, or any other claims of any nature whatsoever, except only the rights accruing to Wife under this Agreement. Wife hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Husband, or to administer Husband's personal estate and effects in the event that Wife survives Husband. 17. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S ESTATE - Husband does hereby remise, release, quitclaim and forever discharge Wife and her estate of and from any and every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements or liabilities of Wife, by way of curtesy, or claim in the nature of curtesy, widower's rights, or under the intestate laws, or the right to elect against Wife's will, Social Security, Pension Plans, Life Insurance Policies and any other monies or any other claims of any nature whatsoever, except only the rights accruing to Husband 10 under this Agreement. Husband hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Wife, or to administer Wife's personal estate and effects in the event that Husband survives Wife. . 18. SEPARATION/ DIVORCE - This agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto, and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce, provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, whether absolute or otherwise, upon just, legal and proper ground, nor to prevent either party from defendant any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto, 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 Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby 11 warrant, covenant and agree that, in any possible event, he and she shall forever be estopped from any illegality or unenforceability as to all or any part of this Agreement. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 19. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS - The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of such Act. 20. EQUITABLE DIVISION OF PROPERTY By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 21. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for 12 himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or in equity, which either of the parties have, or have ever had, against the other including any and all rights under the Pennsylvania Domestic Relations Code, including equitable distribution of property and counsel fees. Husband waives any and all claim for spousal support, alimony, or alimony pendent against Wife. 22. BREACH - If either party breaches any provision of this Agreement, then he or she shall have the right to sue for damages for such breach, or seek such other remedy or relief as may be available. Counsel fees and costs of the prevailing party shall be paid by the defaulting party. 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 within a reasonable time period (presumed to be thirty (30) days after such request is made) any and all further instruments including deed(s) or releases which may reasonably be required to give full force and effect to the provisions of this Agreement. 24. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that full disclosure has been made and they have 13 been furnished with all information relating to the financial affairs of the other which has been requested and that counsel for each of the parties have reviewed the document, or, in the absence of counsel, the party has waived his or her right to counsel. 25. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 26. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default for the same or similar nature. 27. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 28. BINDING EFFECT - Except as otherwise stated within, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 29. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 14 30. INCORPORATION - The parties agree that the terms of this Agreement shall be incorporated but not merged into any Decree of Divorce which shall be entered. The parties understand and agree that this Agreement shall survive any such final Decree of Divorce and shall be independent thereof. Said incorporation shall be for the sole purpose of obtaining additional rights of enforcement and the parties understand that the provisions of this Agreement shall not be subject to any modification, unless specifically provided for in the relevant paragraph. 31. ENFORCEMENT - The parties agree that for purposes of enforcement of any of the foregoing terms regarding economic claims, including equitable distribution, alimony, alimony pendente lite, spousal support and/or counsel fees, expenses and costs, this action may be transferred pursuant to Pa.R.C.P. Rule 1920.2 to any county in which the plaintiff or the defendant resides or upon which the parties have agreed. 32. HEADINGS NOT PART OF AGREEMENT - Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 15 BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ).ES D. SAUSSAMAN IE C. SAUSSAMAN 16 WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : On this, the ' q day of April, 2011, before me, a Notary Public, personally appeared JAMES D. SAUSSAMAN, known to me (or personally 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal. NO RY PUBLIC COMMOMMUH OF PENNSYLVANIA Nohrial Seal Meft IL LaRue, Notary Publk &wy lbpy Dauphin County Nov 2013 r df NOFsks 17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the ?7?day of April, 2011, before me, a Notary Public, personally appeared JULIE C. SAUSSAMAN, known to me (or personally 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ARY UBLIC OOMMON WEALTH OF PENNSYLVANIA KELLY P NOTARIAL S-EAL Pax ROBERTS, Notary Public My CommissioBori es Janua y 27, January 27, 2013 18 JAMES D. SAUSSAMAN, Plaintiff V. JULIE C. SAUSSAMAN, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1476 CIVIL ACTION - LAW : a IN DIVORCE ' .. j" ? . Nr-- N } , Vic) =© C) - PRAECIPE TO TRANSMIT RECORD ; C_- '-' Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section ( x ) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Upon Defendant by Sheriff's Service on July 23, 2008, as evidenced by the Sheriff's Return on record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: April 26,2011; by Defendant: April 22, 2011. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims have been settled pursuant to a Marital Settlement Agreement dated April 22, 201 L 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: April 26,2011; by Defendant: April 22, 2011. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Plaintiff s and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: -?` (,'• (? BY: J n one n Jr. . t5; 615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES_ D. SAUSSAMAN V. JULIE C. SAUSSAMAN NO. 08-1476 DIVORCE DECREE AND NOW, / 01 O // , it is ordered and decreed that JAMES D. SAUSSAMAN , plaintiff, and JULIE C. SAUSSAMAN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties' Marital Settlement Agreement dated April 22, 2011 is hereby incorporated, u no merged, into frils Decree in Divorce. By the Court, Attest: ?. Prothonotary t 5?.?/i? - eerf'. Copes mQ.i led 11o Q-?,t l.c?nne/ly Notices f-c.Py mailed 4o acts.f Ah"ie