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HomeMy WebLinkAbout04-0951 c. IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Kenneth Allan Stout, Plaintiff 4905 Eland Downe Phoenixville, Pennsylvania 19460 167-48-0870 Nancy Jean Stout, Defendant 1440 Apple Cirlce, Apt. #182 Mechanicsburg, Pennsylvania17055 180-54-9330 ~ ~ ~ ~ ~ ~ ~ ~ ~ CIVIL ACTION - LAW oL/>Cj'J-' ~TERM CASE NO. IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court for divorce. If you wish to defend against the claims set forth on the other side of this page, 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 this paper by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of you child or 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 at the CUMBERLAND County Courthouse, in Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE DIVORCE OF 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. Office of the Prothonotary CUMBERLAND County Courthouse Carlisle, PA. Telephone( ) 'I! IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Nancy Jean Stout, Defendant 1440 Apple Clrlce, Apt. #182 Mechanicsburg, Pennsylvania17055 180-54-9330 !l !l !l !l !l !l !l !l !l CIVIL ACTION - LAW Kenneth Allan Stout, Plaintiff 4905 Eland Downe Phoenixville, Pennsylvania 19460 167-48-0870 TERM CASE NO. ot(-qS"1 IN DIVORCE COMPLAINT UNDER S~CTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Kenneth Allan Stout who resides at; 4905 Eland Downe; Phoenixville, Pennsylvania 19460. 2. Defendant is Nancy Jean Stout who resides at: 1440 Apple Cirlce, Apt. #182; Mechanicsburg, Pennsylvania 17055. 3. 181 Plaintiff and/or 0 Defendant have been a bona fide resident(s) of the Commonwealth of Pennsylvania for at least six months immediately prior to commencement of this action. 4. Plaintiff married Defendant on September 18,1982 at West Chester, Chester County, Pennsylvania. Attached hereto and marked as Exhibit "An is the certificate of marriage evidencing said marriage. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief AC~ of Congress 1940 and its amendments. 6. There has been no prior action of divorce or for annulment between the parties. Complaint for Divorce: Page 1 7.The marriage is irretrievably broken. 8. After 90 days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. Plaintiff has been advised that marriage counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in marriage counseling. 10. The following children were born to or adopted by the parties to this marriage: Name Jessica Christine Stout Birthdate December 15, 1987 Age 15 11. Defendant is in need of alimony/spousal support from plaintiff. WHEREFORE, if both parties file affidavits consenting to a divorce after 90 days have elapsed fonn the date of filing of this Complaint, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301 (c) of the Divorce Code dissolving the marriage between the Plaintiff and Defendant. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREE~FNT PURSUANT TO SECTIONS 3104(A)(1) AND (3) AND 3323(8)' I ,. OF THE DIVORCE CODE. Paragraphs 1-10 are incorporated herein and made a part hereof by reference as though fully set forth. Complaint for Divorce; Page 2 The parties have entered into a written Marital Settlement Agreement providing for the care, custody and support of their minor child(ren), a copy of which is attached hereto and incorporated by this reference the same as if fully set forth at length, and their agreement is in the best interest of the child(ren). WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the parties into the final divorce decree, pursuant to Sections 31 04(a)(1) and (3) and 3323(b) of the Divorce Code. Kenneth Allan Stout I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of the 18 Pa.C.S. Section 4094 relating to unsworn falsif~,uthori~. Date: :1 j6 7 $<>17'1 / ~.c- Kenneth Alia ut, Pro Per I,f .' ;. IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Nancy Jean Stout, Defendant 1440 Apple Cince, Apt. #182 Mechanicsburg, Pennsylvania17055 180-54-9330 ~ ~ 9 9 9 ~ 9 9 9 CIVIL ACTION - LAW Kenneth Allan Stout, Plaintiff 4905 Eland Downe Phoenixville, Pennsylvania 19460 167-48-0870 TERM CASE NO. IN DIVORCE COUNSELING NOTICE RULE 1920.45(a)*(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a)(6) Indignities Section 3301 (c) Irretrievable breakdown Mutual Consent Section 3301 (d) Irretrievable breakdown Two/Three year separation A list of qualified professions is available for inspection in the Office of the Prothonotary CUMBERLAND County Courthouse Carlisle, PA Telephone( ) '" IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Kenneth Allan Stout, Plaintiff 4905 Eland Downe Phoenixville, Pennsylvania 19460 167-48-0870 Nancy Jean Stout, Defendant 1440 Apple Cirlce, Apt. #182 Mechanicsburg, Pennsylvania 17055 180-54-9330 ~ ~ ~ ~ ~ S ~ ~ ~ CIVIL ACTION - LAW TERM CASE NO. IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Kenneth Allan Stout, being duly sworn according to Law, deposes and says that Plaintiff knows by Plaintiffs own personal knowledge and therefore avers that the defendant, Nancy Jean Stout, is 43 years of age and that Defendant is not in the military service of the United States or its allies, or otherwise within the provision of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments and that the defendant is not employed. Date: 3'-d--:::' '{: czY,",! ~/~ /~6~~ Kenneth Allan Stout, Plaintiff Sworn to and subscribed before me this the _ day of Itf, ;. Notary Public ~J: ~ 0<) .J-.o 6"" ---1 <r~ --= ,D ~ \ ~ ---- </) ro-ol) '---", o ,0; "" . (", '-'"' c- (J o~ ~ -€' ~j;~ -2-C-J -;!,~~. (-.\ - ";-' --\1 - \ -:~~ I l~' -:'r~"'~ "'~ ~'.': .o\A -- .,- .' r"" ..0 MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN KENNETH A. STOUT AND NANCY J. STOUT MARITAL SETTLEMENT AGREEMENT , THIS AGREEMENT is made this; .; n day of ~:~, ."" / , 2005, by and between KENNETH A. STOUT, of Chester County, Pennsylvania, and NANCY J. STOUT, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Kenneth A. Stout (hereinafter referred to as "Husband"), social security number 167-48-0870, was born on December 9, 1955, and currently resides at 800 Kimberton Road, Apt. F15, Phoenixville, Chester County, Pennsylvania, 19460; WHEREAS, Nancy J. Stout (hereinafter referred to as "Wife"), social security number 180-54-9330, was born on September 4, 1959, and currently resides at 130 Victoria Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055; WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 18, 1982 in West Chester, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about January 5,2003; WHEREAS, two children were born of the marriage between the parties, one of whom is emancipated. The youngest child, who is still a minor, is Jessica C. Stout, born December 15, 1987; I WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, th(: settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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: L ADVICE OF COUNSEL. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Darren J. Holst, counsel for Husband). Wife has been advised that Attorney Holst represents Husband only and that Wife has the ability to obtain independent counsel to review the Agreement with Wife and explain its terms to her. Fully knowing same, Wife is desirous of executing this Agreement without obtaining independent counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and it is being entered into freely and voluntarily, and the execution of this Agreement is not the result of any duress or undue influence, and it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed 2 individually by the other, counsel fees and costs oflitigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs oflitigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each ofthe parties further acknowledges he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone, and waive any requirement to attach to this Agreement a formal exhibit listing all marital assets. Each party agrees any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants he or she is not aware of any marital 3 asset which is not identified in this Agreement. The parties he:reby acknowledge and agree the division of assets as set forth in this Agreement is fair, reasona.ble and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influ\~nce or that there was a failure to have available full, proper and independent representation by kgal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. 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 or in any marmer whatsoever with him or her. Neither party will interfen: with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all a.ncillary economic issues related to the dissolution of their marriage, and, thus, any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties acknowledge that on March 3, 2004, Husband initiated a divorce action under, inter alia, the no fault provisions of the Divorce 4 Code by filing a complaint docketed at No. 04-951 Civil Term in the Court of Common Pleas of Cumberland County. The parties acknowledge the ninety (90) day waiting period provided for under 9330 I (c) of the Divorce Code has expired. Therefore, contemporaneously with the execution of this Agreement, each party will sign an Affidavit of Consent to Divorce and Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband, who shall promptly submit said Affidavits and Waivers to the court along with all other documents necessary to precipitate the prompt entry of a divorce decree. Husband and Wife acknowledge and understand that Wife's continued receipt of un allocated family support, set forth in paragraph 6 herein, is expressly conditioned upon her executing an Affidavit and Waiver contemporaneously with the execution of this Agreement. 5. EOUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that, during marriage, they were the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 2053 Fawn Lane, CoatesvilIe, Chester County, Pennsylvania, 19320 (hereinafter referred to as the "Marital Residence"). The parties acknowledge the Marital Residence was sold on April 30, 2003, with net proceeds of$71,688.30 disbursed to the parties. The parties acknowledge Wife received $63,688.30 from the sale of the Marital Residence, with the remaining $8,000.00 used to satisfy joint marital obligations. Husband agrees Wife shall retain said money as her sole and separate property, free of any and all right, title, claim or interest of Husband. Husband hereby waives any and all right, title, claim or interest in and to said net proceeds, any appreciation in value thereon, and any property acquired or exchanged therefor. 5 (b) Furnishin!!s and Personaltv. (I) The parties agree they have divided by agreement between themselves all furnishings and personalty previously located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set ~Drth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings currently in his possession. (3) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession. (c) Motor Vehicles. (I) Husband agrees Wife shall retain possession of and receive as her sole and separate property the 2000 Oldsmobile Bravado automobile currently titled in Wife's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest ofHusb,md. Wife shall indemnifY and hold Husband and his property harmless from any and allliabililty, cost or expense, including actual attorney's fees, incurred in connection with any vehicle bdonging to Wife by virtue of this subparagraph. 6 (2) Wife agrees Husband shall retain possession of and receive as his sole and separate property the 2000 Chrysler Cirrus automobile currently titled in Husband's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (3) To the extent necessary, the parties agree they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. (d) Life Insurance. The parties acknowledge and agree that each shall retain, as his or her sole and separate property, any and all life insurance policies in his or her name, free of any and all right, title and interest of the other party. (e) Pension and Retirement Benefit~. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purpos1es of this subparagraph. 7 (I) Cash Accounts. Stocks and Investments. (1) The parties acknowledge and agree that all joint cash accounts, stocks and investments were satisfactorily divided between the parties at the time of separation, and all joint accounts have been closed. The parti<,s agree that each shall retain, as their sole and separate property, any and all monies received fi'om said joint accounts as his or her sole and separate property, and the other party hereby waives, relinquishes and releases and any and all right, title, claim or interest in and to said monies, any appreciation in value thereon or any property acquired or exchanged therefor. (2) Wife agrees Husband shall retain, as his sole and separate property, any and all cash accounts, stocks and investments titled in his sole name, free of any and all right, title, claim or interest of Wife. Husband hereby receives said accounts, and the monies therein, as his sole and separate property, including any appreciation in value thereon and any property acquired or exchanged therefor. (3) Husband agrees Wife shall retain, as her sole and separate property, any and all cash accounts, stocks and investments titled in her sole name, free of any and all right, title, claim or interest of Husband. Wife hereby receives said accounts, including the monies contained therein, as well as any appreciation in value thereon and any property acquired or exchanged therefor. (g) Insurance Settlement Proceeds. The parties acknowledge that, during marriage, Wife was involved in an accident from which she received an insurance settlement award. Wife received the settlement in two installments, one during the course of the marriage and the latter one, in the amount of Forty Thousand Dollars ($40,000.00), being 8 received in June of2004. Husband agrees to waive, relinquish and release any and all right, title, claim or interest in and to any of the insurance proceeds received by Wife, including any appreciation in value thereon and any property acquired or exchanged therefor. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 9 (k) AssumDtion of Encumbrances. (I) Commencing on the execution date of this Agreement, Husband shall be solely responsible for any and all liabilities he has incurred in his name alone, specifically to include any obligations to issuers of credit cards in his name. (2) Commencing on the execution date of this Agreement, Wife shall be solely responsible for any and all liabilities she has incurred in her name alone, specifically to include any obligations to issuers of credit cards in her name. Wife shall immediately deliver to Husband any and all credit cards in her possession which provide for joint liability. If Wife has incurred any liabilities since January 5,2003 on any credit card account, or any other account on which Husband is jointly liable, Wife shall be solely responsible for payment of any such liabilities she has incurred, and she shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense associated therewith. (3) Ifit is subsequently detennined that there does exist ajoint liability existing prior to January 5,2003, the parties agree that they shall be equally responsible for repayment of said joint obligation. The parties hereby agree to indemnify and hold the other party harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred by the other party as a result of any liability being assumed by the other party in accordance with this paragraph. 10 (4) Unless otherwise provided herein, each party assumes the debts. encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnjjfy and hold harmless the other party and his or her property from any claim or liability that th(: other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (I) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of thll party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indenmify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (m) IndemnificatIon of WIfe. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indenmify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. 11 (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. (0) Warranty as to Future Obli~ations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that par:y is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. UNALLOCATED FAMILY SUPPORT. Commencing January I, 2005, and continuing thereafter for a total period of eighty-four (8~ months, Husband shall pay directly Je.> r;- '"\1; ~.y to Wife, in full satisfaction of his obligation to contribu\~'~ the financial support of Wife and the minor children, unallocated family support, which shall be paid in monthly installments on or before the 15th of each month. For the first thirty-six (36) months, Husband shall pay unallocated family support in the amount of Eight Hundred Fifty Dollars ($850.00) per month. For the remaining forty-eight (4~~nths thereafter, Husband shall pay unallocated family support in the "l 'JJ.'\ ( \\\\\'\~ 12 amount of Five Hundred Dollars ($500.00) per month. Husband's obligation to provide unallocated family support hereunder shall be non-modifiable in duration or amount, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Notwithstanding the foregoing, the parties agree the amount of Husband's unallocated family support obligation shall be subject to downward modification if, and only if, Husband loses his present employment or job assignment through no-fault or misconduct of his own and, as a result, suffers a substantial decrease in income. If that occurs, the parties agree to try to agree to a revised amount of unallocated family support; if the parties cannot agree, it is understood that Husband may seek a modification of his unallocated family support obligation in a court of competent jurisdiction. Husband's obligation to provide unallocated family support hereunder shall terminate absolutely prior to the expiration of eighty-four (84) months upon the first to occur of the following: (i) Death of Wife; (ii) Death of Husband; (iii) Wife's remarriage; (iv) Wife's cohabitation as that term is defined under Pennsylvania law; or (v) Wife's formal request for and receipt of court ordered child support. 13 If unallocated family support is terminated pursuant to the terms of this paragraph while Husband continues to have a child support obligation for the parties' children pursuant to the laws of Pennsylvania, the matter shall be submitted to the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania or a similar court of competent jurisdiction, for the determination of child support in accordance with the then existing child support guidelines. Once Husband's obligation to provide unallocated filmily support terminates, Husband shall have no further obligation to pay, and Wife waives any right to receive, alimony, spousal support, alimony pendente lite, or other financial support payments. The parties agree the unallocated family support payments from Husband to Wife pursuant to this Agreement are intended to be deductible by Husband on his individual tax return and includeable as income on Wife's tax return for tax purposes. Each party agrees he or she will file tax returns consistent with the terms of this Agreement, and both Husband and Wife acknowledge the failure to do so shall be deemed to be a breach of this Agreement. Wife acknowledges her entitlement to unallocated family support is expressly conditioned upon her executing an Affidavit of Consent to Divorce and a Waiver of Notice contemporaneously with the execution of this Agreement or on the earliest date permitted by law thereafter. Husband shall be responsible for insuring the minor child unless and until more comprehensive insurance becomes available to Wife at a lesser cost. Wife shall be responsible for t1.,., fiIOl Twv [[l1na.cd Fift] Dull<u, ($25tl.80) lmhtlally efumcimbursed-medi()al-6xp€:osesoo. JM:B~lf and the first Two Hundred Fifty Dollars ($250.00) armually of unreimbursed medical expense on the minor child with Husband responsible for 10.0% of any additional expenses. 14 """~ \~wF \ . \\" ~ jJ.A> 7. MEDICAL INSURANCE COVERAGE FOR WIFE. The parties acknowledge Husband is currently providing medical insurance for Wife through his place of employment. Husband agrees to continue to provide said coverage until such time as a divorce decree is entered as which time his obligation to provide said coverage shall terminate. 8. T AX RETURNS. It is understood that, commencing tax year 2004, the parties will sign and file separate tax returns unless the parties agree otherwise. Wife agrees that, commencing tax year 2004, Husband shall be entitled to claim the oldest child, Kristen, as a dependent on his individual tax returns until no longer permitted under the law, and Wife agrees to execute any and all documents required by the Internal Revenue Service to permit Husband to claim Kristen as a dependent. Wife agrees not to take any position on her subsequently filed tax returns contrary to the terms of this paragraph. 9. COUNSEL FEES. COSTS AND EXP]~NSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of It heir marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 15 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, armuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate ofthe deceased party. 12. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this 16 Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagemc:nts or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family e,xemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a 17 lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 18 16. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient ifmade or addressed to the following: Kenneth A. Stout 800 Kimberton Road, Apt. F 15 Phoenixville, P A 19460 and to Wife, ifmade or addressed to the following: Nancy J. Stout 130 Victoria Drive Mechanicsburg, P A 17055 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 19 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties'divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. 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. 20 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 21 27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of ~~ 'v\ 0.- . . \(<)\.~ * NANCY J~ OUT 22 COMMONWE~ OF PENNSYLVANIA COUNTY OF 1LP<0~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared KENNETH A. STOUT, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. IVEN UNDER MY HAND AND SEAL OF OFFICE this b.ay of ,2005. M~"n.: PI:~l:c M:iJl~D:.':~~ ~.^.:_;:;:.~;f;~r~~, ) ission eXPires:~JO I tary: tM ~ i-'UVi1~ ,;\\.<t:::'\l..'iH. ~Li:~NNSYLVAt'-IA.. 23 COMMONW A TH OF PENNSYLVANIA ) ) COUNTY 0 ) BEFORE ME, the undersigned authority, on this day personally appeared NANCY 1. STOUT, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this~6day of ,2005. ~~;:;~:::~:;:::::~~:l~;,~;~ t~~~ty " CQi~',., "" I. ',_' ,...~" ;".-" ," ,';':,J\J"7 I ra ____._."."_.",,,,_'.<. ......~ ~~.. p~:~;.;;a;~;'--;;~tat1es ('ON-P,'i'j\j''At!~TH Of Fot:NNSYLVANiA 24 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH ALLEN STOUT, Plaintiff v. ) ) ) ) ) ) ) NO. 04-951 CIVIL TERM NANCY JEAN STOUT, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, hereby acceptance service ofthe Complaint in Divorce: filed on March 3, 2004. ~ Date: ~- \\- (')~ Y\ ~ ~k-i c.........,"-f-'/ ... , ),- Nancy Jea(! out, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH ALLAN STOUT, Plaintiff v. ) ) ) ) ) ) ) NO. 04-951 CNIL TERM NANCY JEAN STOUT, Defendant CNIL ACTION - LAW IN DNORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under g3301(c) ofthe Divorce Code was filed on March 3, 2004. 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 d.ivorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of d.ivorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. g4904 relating to unsworn falsification to authorities. Date: /?' ~ ?r;/? :? u~ ,~- , ...----2= ~ ,.e .,.....~ __ ---;:". C::"-' "" 0--";: Kenneth Allan Stout, Plaintiff ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH ALLAN STOUT, Plaintiff v. ) ) ) ) ) ) ) NO. 04-951 CIVIL TERM NANCY JEAN STOUT, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under 9330I(c) ofthe Divorce Code was filed on March 3, 2004. 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. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if! 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. 94904 relating to unsworn falsification to authorities. Date: J-(I'C1T 'vi c'^'-<C;t~' . :S~\-w\ Nancy Je S\out, Defendant ,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) CIVIL ACTION - LAW IN DIVORCE KENNETH ALLEN STOUT, Plaintiff NO. 04-951 CIVIL TERM NANCY JEAN STOUT, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under g3301(c) ofthe Divorce Code. 2. Date and marmer of service of the complaint: Service aecepted by Defendant Nancy Jean Stout on March 11, 2004; Acceptance of Service form is being filed contemporaneously herewith. 3. Date of execution of the affidavit of consent required by g3301(c) ofthe Divorce Code: by plaintiff, February 14,2005 by defendant, February 11,2005. 4. Related claims pending: All claims resolved by Marital Settlement Agreement dated January 25, 2005. 5. Date plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: contemporaneously hen:with. Date: 2!n foe ~ I- - //' ikJ! Darren J. H st, Esquire HOWETT, KISSINGER & CONLEY, P.c. 130 Walnut Street, P. O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Kenneth Allen Stout ;t.J;li;f. ;t.J , " .. .. , . . ;t.J;f.if.;f.;f.if.'" ;f:f . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . STATE OF KENNETH ALLEN STOUT, . . . Plaintiff VERSUS . NANCY JEAN STOUT, . . . . Defendant . PENNA. No. 2004-951 CIVIL TERM . . . . . . DECREE IN DIVORCE . . . . . . . . ~ (: ~Of,J1 . AND NOW, f~ ;) ~ 2005 , IT IS ORDERED AND DECREED THAT KENNETH ALLEN STOUT PLAINTIFF, . . AND . . . NANCY JEAN STOUT , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated January 25, 2005, are incorporated in this Decree in Divorce by reference as fully as if the same were set forth herein at length. Said Agreement shall not merge with but s 've this Decree in Divorce. . . , . , , . . . . . . . . . . . . . , :t: :f.,., ;f.if. ATTEST: PROTHONOTARY . . ;f.'lo!;f.,., J. 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