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HomeMy WebLinkAbout04-0750 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High SIreet IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL L. TRAXLER, Plaintiff BRANDON K. TRAXLER, Defendant No. 2004 - q333 CIVIL ACTION - LAW (In Divorce) NOTICE 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 Plaintff. 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 Cun~berland County Court House, High and Hanover Street, 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 (717) 249-3166 / , ~i~dsay Gi~ri~:h M~lay, Esquire !,.~j Sdpreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHIIFF, FLOWER & LINDSAY 26 W. High $1reet Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL L. TRAXLER, Plaintiff BRANDON K. TRAXLER, Defendant No. 2004 - ?$'b CIVIL ACTION - LAW (In Divorce) COMPLAINT UNDER SECTION 3301(c~ OR 3301{d~ OF THE DIVORCE CODE COUNT I ~ DIVORCE Plaintiff is Rachel L. Traxler, who currently resides at 104 East Willow Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Brandon K. Traxler, who currently resides at 1937 Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. Pennsylvania. 5. 2003. 6. Plaintiff and Defendant were married on August 5, 2000 in Cumberland County, Plaintiff and Defendant have been living separate and apart since December 26, There have been no prior actions of divorce or for annulment between the parties. 2 7, Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the fight to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiffs Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II - EOUITABLE DISTRIBUTION 9. The allegations in Paragraphs One through Eight, inclusive, are made a part hereof and incorporated herein by reference. 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests this Honorable Court determine the extent of the marital assets and liabilities and order an equitable distribution thereof. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Respectfully submitted, SA~I.S,2~'~, ~L. OWER & LINDSAY //Li]~dsay Oi~i~rfch Ivl~ay, Esquire ,~ Supreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff AFFIDAVIT I, Rachel L. Traxler, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the cot~. I understand that false statemems herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: ~]~ ~ /~ 0L/ R~hel L. '~raxler, Plainti~ SAIDIS SHUFF, FLOWF, R & LINDSAY 26 W. High Street Carlisle, PA 4 VERIFICATION I verify that the statements made in this 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. Section 4904, relating to unswom falsification to authorities. Dated: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL L. TRAXLER, Plaintiff BRANDON K. TRAXLER, Defendant No. 2004 - 750 CIVIL ACTION - LAW (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 25th day of February, 2004, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following person was served with a Complaint in Divorce which was filed with regard to the above-referenced matter. The Complaint in Divorce was mailed on February 20, 2004, but actual service took place on February 24, 2004, by Defendant signing for a copy of the Complaint in Divorce, which was mailed in the United States Mail, Certified Mail - Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mr. Brandon K. Traxler 1937 Spring Road Carlisle, Pennsylvania 17013 A copy of the signed Domestic Retum Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, By: SAIDIS, SHUFF, FLOWER & LINDSAY / I~d~ay~in~h~tcl~y, Esquire 0 [ (.~ttdmey I.D.-No. 87954 [ 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 26 W. High Street Attorneys for Petitioner Carlisle, PA Exhibit "A" · Complete items 1, 2, and 3. Also complete ~tem 4 if Restricted Delivery is desired, · PHnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, 1. ~licle Addressed to: PS Form 3811, August 2o01 B. Received by ( Printed Na/ne) D. ~s detiv6~y eddmes different f~om item 1 ? r-~ Yes If YES, enter deliwl~/address below: ~1 No 7001 3. Service Type I ~ Certified Malt [] Express Mail / [] Registered J~ Return Receipt for Merchandise l [] Insured Mail [] C.O.D. [ 4. Restricted Delivery? (E.x/ra Fee) _~ Yes 2510 0006 5860 ~=1039 102595-01 -M-0381 + SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL L. TRAXLER, Plaintiff BRANDON K. TRAXLER, Defendant No. 2004 - 750 (Civil Term) C. WIL ACTION - LAW (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this ~-04~day of ]k~'~,~ , 2004, BY and BETWEEN Rachel L. Traxler, of 104 East 'Willow Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, AND Brandon K. Traxler, of 1937 Spring Road, Carlisle, Cumberland County, Pem~sylvania, hereinafter referred to as Husband. RECITALS R. 1: The parties hereto are Husband and Wife, having been joined in marriage on August 5, 2000, in Cumberland County, pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County in the Commonwealth of pennsylvania, to Docket Number 2004 - 750, Civil Term; and R. 3: The parties hereto desire to settle fully and finally their respective financial and property fights and obligations including, but not limited, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, and alimony pendente lite. RLT ~T- Page 1 of 13 BKT, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawfi~l for each party at all times hereafier to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. If either party fails or refuses to execute ~md file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party, at his or her option, to terminate this Agreement. RLT ~[~ Page2 of 13 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Sffeet Carlisle, PA (3) REAL PROPERTY: The parties acknowledge that they are joint owners of the premises more commonly identified as 1937 Spring Road, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"). Said Marital Residence is currently encumbered by a mortgage with Chase Manhattan. The parties acknowledge that said mortgage balance as of the date of the parties' separation was approximately One Hundred Thousand Nine Hundred ($100,900.00) Dol]~ars. The parties further acknowledge that said mortgage is in both parties' names; however, Husband agrees to attempt to refinance said mortgage into his own name at least twice every calendar year. Husband further agrees to provide Wife with proof, within five (5) days of her request to see such proof, that Husband has attempted, in good faith, to refinance the joint mortgage obligation. Within five (5) days of Husband successfully refinancing the mortgage into his own name, Wife agrees to execute a Special Warranty Deed to Husband, thereby relinquishing any right, title or interest that she may have in and to the Marital Residence. Husband and Wife specifically agree that if Husband is unable to refinance the joint mortgage obligation into his own name within two (2) years of the date of this agreement, that the parties will, within ten (10) days of the 2-year limitation, list the property for sale at a price acceptable to both parties, provided that in the event that the parties are unable to agree upon a sale price, then the price shall be fixed by a licensed real estate broker selected by both parties. In the event that the parties are unable to select a mutually-acceptable real estate broker, they each shall select a broker, who, in tufa, shall select a third broker who shall determine the property sales price. The broker shall also advise the parties whether the listing price shall be lowered in the event the Marital Residence is not sold within a reasonable period of time. The parties shall cooperate and agree to lower the listing price until the price RLT ~;-~ Page3 of 13 BKT_t~-7~' SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Slreet Carlisle, PA has been lowered by thirty (30%) pement of the original listing price. Thereafter, the price shall not be lowered unless by agreement of the parties or order of court. It is agreed that until such time as the mortgage is refinanced into Husband's own name or until such time as the Marital Residence is sold, Husband shall have exclusive possession of the Marital Residence. Regardless of whether Husband refinances the mortgage into his name only or whether the 2-year time frame runs and the parties sell the Marital Residence, the parties hereby stipulate and agree, that until such time as Husband is able to refinance the mortgage into his own name or until such time as the Marital Residence is sold, Husband will hold Wife harmless for any and all payments associated with the Marital Residence, including, but not limited to, mortgage payments, taxes, homeowner's insurance, and private mortgage insurance. In the event that the Marital Residence needs improvements, whether capital or not, during the pendency of the sale, the parties hereby stipulate and agree that Husband will be solely responsible for cost of those improvements. Upon the sale of the Marital Residence, if necessary, the parties specifically agree that the net proceeds, after deduction of all expenses, fees and taxes in connection with the sale and after satisfaction of the lien of the existing first mortgage through Chase Manhattan, the proceeds of the sale shall be given solely to Husband. If the sale becomes necessary, both parties .agree to cooperate with one another to ensure the prompt sale of the Marital Residence. Both parties agree to execute any and all documents needed to effectuate the sale and subseqnent transfer of the Marital Residence to the new owners. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA (4) DEBT: MARITAL DEBT: Other than those debts enumerated within, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. The parties have a joint loan with Member's First Federal Credit Union, the proceeds of which they used to purchase a lawn tractor. It is understood and agreed that Husband shall assume and pay in due eourse, the outstanding balance on the parties joint loan through Member's First Federal Credit Union, up to and including any balance(s) incurred through the date of separation. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on December 26, 2003, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurre, d. C: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: The parties acknowledge that Wife individually holds title to a 2000 Jeep Cherokee. Husband relinquishes any right, title and interest he may have to the 2000 Jeep Cherokee currently in possession of Wife. Said vehicle is currently encumbered by a loan, solely in Wife's name, through Chrysler Financial. Wife shall maintain insurance on the Jeep Cherokee and assume full responsibility of any encumbrance thereon, and shall hold harmless and indemnify Husband from any loss thereon. RLT ~ Page5 of 13 BKT~'~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA The parties further acknowledge that Husband individually holds title to a 1994 Chevrolet Silverado. Wife relinquishes any right, title and interest she may have to the 1994 Chevrolet Silverado currently in possession of Husband. Said vehicle is currently encumbered by a loan, solely in Husband's name, through Waypoint Bank. Husband shall maintain insurance on the Chevy Silverado and assume full responsibility of any encumbrance thereon, and shall hold harmless and indemnify Wife from any loss thereon. (6) BANK ACCOUNTS: The parties hereto hold a joint checking account through Member's First Federal Credit Union, account number 195875. Wife hereby relinquishes any right, title and interest in and to said checking account. In exchange for Wife relinquishing her interest therei[n, Husband agrees to take all steps necessary to ensure that Wife's name is either removed from said joint account, or in the event that Wife's name cannot be removed, Husband and Wife agree to close said checking account and Husband can use the money therein to open another account, solely in his nanle. Credit Union, account number 195875. interest in and to said savings account. The parties hereto also hold ajmnt sawngs account through Member First Federal Wife hereby relinquishes any right, title and In exchange for Wife relinquishing her interest therein, Husband agrees to take all steps necessary to ensure that Wife's name is either removed from said joint account, or in the event that Wife's name cannot be removed, Husband and Wife agree to close said savings account and Husband can use the money therein to open another account, solely in his name. RLT ~[-,~ Page 6 of 13 BKT~,, · SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (7) TANGIBLE PERSONALPROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (8) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement account,,;, savings plans, pension plans, stock plans, 401K plans and the like. Wife acknowledges that the marital property of the parties includes any marital portion of Husband's 401K plan through his employment at Carlisle Tire & Wheel. The approximate value of Husband's 401K through Tire & Wheel, as of December 31, 2003 was Twenty-Three Thousand Six Hundred Forty-Two and 50/100 ($23,642.50) Dollars. See Account Statement dated October 1, 2003 through December 31, 2003, attached hereto as Exhibit "A" and incorporated herein by reference. Wife further acknowledges that she RLT~ Page7ofl3 BKT~-. - SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA has been informed of her right to obtain an independent appraisal of Husband's 401K, and any marital interest therein, and, notwithstanding stone, Wife hereby forever waives and relinquishes any right, title, interest or claim she might otherwise have in and to Husband's aforesaid 401K through Tire & Wheel. Husband acknowledges that the marital property of the parties includes any marital portion of Wife's 401K plan through her employment at Holiday Hair. The approximate value of Wife's 401K through Holiday Hair, as of December 31, 2003, was Nine Thousand Three Hundred Sixty-Six and 21/100 ($9,366.21) Dollars. See Account Statement dated October 1, 2003 through December 31, 2003, attached hereto as Exhibit "B" and incorporated herein by reference. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's 401K, and any marital interest therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid 401K through Holiday Hair. (9) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support and/or alimony pendente lite. (10) ATTORNEY'S FEES: Except as otherwise provided herein, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (11) ADVICE OF COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Saidis, Shuff, Flower & Lindsay, and that Husband, cognizant of his fight to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this agreement. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (12) 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 five (5) days of any request to do so, any and all furt]her instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties hereby acknowledge that they plan to, or have filed, joint federal, state, and local income tax returns for the year of 2003. The parties hereto agree to file separate returns for all ongoing years, specifically including 2004 and 2005. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant RLT ~ Page 9 of 13 BKTff~.~- SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: ~Itte parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) WAIVER OF APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Permsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, and 401K's, some portions of which were acquired during the marriage and therefore constitute marital property. However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and tha~[ the division of property as set forth in this agreement, represents a fair and equitable distribution. (17) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. RLT ~ Page 10 of 13 BKT SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High SUceet Carlisle, PA (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said ptrrty's fights against the other for past, present and future claims on account of support, maintenance, alimony, alimonypendente lite, counsel fees, costs and expenses, equitable dis'tribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (19) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, fight of dower or curtesy, the right to act as administrator or executor of the estate of the other', the fight to a distributive share of the other's estate, any right of exemption in the estate of'the other, or any other property fights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital fights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. RLT _~'~' Page 11 of 13 BKT ~.~. SAIDIS SHIJFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action pending between the parties. (20) SEPARABILITY OF PROVISIONS: 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 continue in full force, effect and operation. (21) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (22) INCORPORATION INTODECRt;E: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the pavlies. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divome, shall be independent thereof, arid the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enfomement RLT~ Page 12 of 13 BKT''. · SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Divorce Caption. (23) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (25) AGREEMENT BINDING ON PARIIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN'WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WlTNESS:. -- Brandon K. Tr~ ~ Exhibit 'A Exhibit "B" HOLIDAY HAIR, iNC. · C/O JULIE MCGEE 2020 HAMILTON STREET ALLENTOWN, PA 18105-0268 selector , RACHEL TRAXLER 1937 SPRING ROAD CARLISLE, PA 17013-000 Seq: 893 Div: 315 Holiday Retirement Plan Balance on All Accounts (10/01/2003) ......... $ Earnings Gain/Loss .................... $ Contributions ........................ $ Expenses ........................... $ Distributions ......................... $ Other (See pages 4 & 5 for details' . ....... $ Balance on All Accounts (12/31/2003 ......... $ 10t0112003 -- 12/31/2003~ 8,431.51 402.45 532.25 0.00 0.00 0.00 9,366.21 Your Vested Balance $ 9,366.21 Your Account Rate of Return 4.66% Service Center Hours: The Service Center hours are 9:00 a.m. to 5:00 p.m. Eastern Standard Time, Monday through Friday. Our voice repsonse unit is available 21 hours a day, 7 days a week at 1-800-7'53-3185. Please visit us on the web at www.selectork.com for online access to all of your retirement plan needs. Things to have handy when accessing your account via the web or the VRS:Your Personal Identification Number (PIN), the web address or VRS 800 number and your quick reference sheet. Voice Response System (VRS): This automated phone system allows you to transfer your money, change the way future dollars are invested and retrieve information regarding your retirement plan. 7his System is available 7 days a week. Please call us at 1-8004753-3185 and hear the power of the Selector K Retirement Program. World Wide Web: The Internet has become a very powerful and informative tool in today's fast paced environment. As a participant in the retirement plan, the Selector K participant web site allows you to view your retirement account balance, retrieve important information regarding the operation of your retirement plan and perform secure on-line transactions. Please visit the Selector K web site at http://www.selectork, com and view the power of the Selector K Retirement Program. Please Review your statement for accuracy and contact your Plan Administrator with any concerns within $0 days of receipt. tlA¥ l. ? SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL L. TRAXLER, Plaintiff BRANDON IC TRAXLER, Defendant No. 2004 - 750 (Civil Term) C1VIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 20, 2004. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in ]Divorce after service of the Notice of Intention to Request Entry of a Divorce 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 penalties of 18 Pa. C.S., Section 4904 relating to unswom falsification to authorities. ,/---~ ' I ~~tiff Date: [k~)~ ~, O~ ~H]~LER, Plaint' 0 ' ndcribed befor, e4ne this ofl Jl ~'"',~' 2004. EEL MURRAY, Notary Public i [ / My t;omm~saon t:xp~res Dec. 13, 2005 ~ SAIDIS SHIJFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL L. TRAXLER, Plaintiff BRANDON IC TRAXLER, Defendant No. 2004 - 750 (Civil Term) CIVIL ACTION - LAW (lin Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 20, 2004. The marriage of Plaintiff and Defendant is in:etrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of intention to Request Entry of a Divorce 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 penalties of 18 Pa. C.S., Section 4904 relating to unswom falsification to authorities. //~...~..~ f BKANDON K. TRAXLER,.~D6fendant <~v~ an~crjb, ed b e fo.r. em~ e t his yof f y ~ ,2004. NOTARIAL SEAL RENEE L MURKY, ~ ~ J ] ~i~e ~, Cum~ [My C~mi~ E~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL L. TRAXLER, Plaintiff BRANDON K. TRAXLER, Defendant No. 2004 - 750 (Civil Term) CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ,~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand 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 Waiver axe true and correct to the best of my knowledge, information, and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating; to unswom falsification to authorities. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL L. TRAXLER, Plaintiff BRANDON K. TRAXLER, Defendant No. 2004 - 750 (Civil Term) CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. I understand that I will not be divorced unlil a Divorce Decree is entered by the Court and I further understand 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 Waiver 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. SAIDIS SHLIFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL L. TRAXLER, Plaintiff BRANDON K. TRAXLER, Defendant No. 2004 - 750 (Civil Term) CIVIL ACTION - LAW (]haDivorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the tbllowing information, to the Court for entry of a Decree in Divorce: Ground for Divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. Date and manner of service of the Complaint: Defendant was served via Certified Mail, Return Receipt Requested, Restricted Delivery, by signing the domestic return receipt on February 24, 2004. A Certificate of Service was filed and docketed at the above-referenced docket number on February 26, 2004. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed and filed their respective Affidavits of Consent on May 24, 2004. Related claims pending: None. A Property Separation and Settlement Agreement was executed and filed on May 20, 2004. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed and filed their respective Waivers of Notice of Intention to Request Entry of Divorce Decree on May 24, 2004. Date: I ~ By: SAIDIS, SHUFF, FL~.WER & L~/I~ /~rJd s ag-Gin~2~' M~lay, Esqui~y Attorney I.D. No. 87954 '.26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 .Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU~ITY STATE Of ~, PENNA. RACHEL L. TRAXLER, Plaintiff VERSUS BRANDON K. TRAXLER, Defendant NO. 2004-750 (Civil Term) DECREE IN DIVORCE AND NOW, DECREED THAT Rachel L, Traxler Brandon K. Traxler aND ARE DIVORCED fROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS aCtiON for WHICH a fiNaL order hAS NOT YEt BEEN ENTERED; The parties' Property Settlement and Separation Aqreement dated May 20, 2004, is herein incorporated, but not merged. , ~, IT IS ORDERED AND , pLAINTIFF, , DEFENDANT, BY THE Ci~/~~ / PrOTHO~RY