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HomeMy WebLinkAbout08-4800 ALAN DAVIS, Plaintiff V. KRISTI DAVIS, Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08 - H800 aivi ( I erg, CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU 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, PA 17013 (800) 990-9108 or (717) 249-3166 r ' ? ?oM cS?' KuTULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ALAN DAVIS, Plaintiff V. KRISTI DAVIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Q8'-Vir-60 CM1 CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Alan Davis, who currently resides at 29 Prickly Pear Drive, Carlisle Cumberland County, Pennsylvania. 2. Defendant is Kristi Davis, who currently resides at 551 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania. 3. The 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. 4. The Plaintiff and Defendant were married on June 1, 1996 at Carlisle, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since July 7, 2008 and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. Respectfully submitted, ABom&KUTUTAKIS, L.L.P. DATE Vi-, 4 w v - 4 Kara W. Haggerty, q e ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Alan Davis, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date rv(-?- ALAN'5AVIS C C5 f 00 G7 t.' F 0 pti -G OM CSC' &N ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ALAN DAVIS, Plaintiff V. KRISTI DAVIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0 ?-?/QUO CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Kristi Davis, at Carlisle, Pennsylvania, addressed as follows: Kristi Davis 551 Noble Boulevard Carlisle, PA 17013 Return card acknowledging receipt on August 13, 2008 is attached as Exhibit "A". ABOM & KUTULAKIS, LLP Date:0 O (lLVV (??r! J - Kara W. Haggerty, Esq 36 South Hanover Stre Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff I.D. No: 896914 ¦ Compote sterns 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse 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. Article Addressed to: .Krj 5l? I. gv1s 651 1\16b It 131 vJ A. Siyr x` B eceive nt? dj C. Date of DeWw ` '? 3--0 2r D. Is delivery eddress di ent from item 1? O Yes ff YES, enter delivery address below: 0 No 3. Service Type / + / ( i s l e PA 1-7013 teed mail 0 Erq m Mail (_ ? Registered 0 Return Receipt for Merdwidise O insured mail 0 C.O.D. 4. Restricted D~ gDroa Fee) VLYOS 2. Article Number 7005 2570 0000 3804 3651 (1 WMdbrftM savkti+1NW PS Form 3811, February 2004 Domestic Return Receipt EXHIBIT `A" 102595-02-M-1540 2 sz t c.s co a Ll tLf C GL".b ? •.,. Q. . C`?d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN G. DAVIS, ) Plaintiff } } } Defendant } NO. 2008-4800 CIVIL TERM V. KRISTI L. DAVIS, CIVIL ACTION - LAW DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this. day of , 2010 between ALAN G. DAVIS, (hereinafter referred to as "Husband"), and KRISTI L. DAVIS, (hereinafter referred to as "Wife") WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 1, 1996, in Carlisle, Pennsylvania; WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and (-) C J ?,r fi1 Tn tiT f?) ?fR"2 fv WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband is represented by Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and that Wife is represented by Darren J. Holst, Esquire, of Howett, Kissinger & Holst, P.C. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal. agreement or agreements. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness or the causes leading to their living apart. 2 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagerrients or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. Both parties warrant there has been full and fair disclosure of all marital assets, as that term is defined under Pennsylvania law, debts and income of the parties. If an undisclosed marital asset is subsequently discovered that is not specifically addressed herein, the parties shall divide that asset equally, and if a party concealed or failed to disclose said asset, that parry shall pay the reasonable costs and expenses of the party who discovers the omitted asset, including reasonable counsel fees. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter. 4 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the other person or persons who would have become entitled thereto as if the decedent had been the last to -die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either parry may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenant and agree that he or she will permit and will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's dstate. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. Both parties 5 warrant there has been full and fair disclosure of all marital assets, as that term is defined under Pennsylvania law, debts and income of the parties. If an undisclosed marital asset is subsequently discovered that is not specifically addressed herein, the parties shall divide that asset equally, and if a party concealed or failed to disclose said asset, that party shall pay the reasonable costs and expenses of the party who discovers the omitted asset, including reasonable counsel fees. Any undisclosed debt in the joint names of the parties shall become the sole responsibility of Husband for repayment, and he shall pay said debt as the debt becomes due, and he agrees to indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, associated with or attributable said undisclosed debt, obligation or liability. Husband shall further take the steps necessary to refinance the debt to remove Wife's name from liability. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are'nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties agree to waive any interest they may have in each other's pension, profit-sharing, retirement, credit union or other employment-related plans specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree they shall execute any and all documents 6 pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. The parties acknowledge that they have already distributed to Wife the mutual fund account with American Funds (account number ending 8052) and three (3) individual Retirement Accounts with American Funds (account numbers ending 5144, 2080, 0941) pursuant to a Stipulation for Advance on Equitable Distribution dated March 25, 2009. Husband waives all past, present or future right, title, claim or interest in and to the monies distributed to Wife from the American Funds Accounts as well as the remaining advance on equitable distribution provided per the Stipulation. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in §3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation or each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker, the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. 7 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. MOTOR VEHICLES. Husband shall retain as his sole and separate property the 2006 Ford Expedition that is presently in his name and the parties hereto agree that; upon the execution hereof of said Agreement, the 2006 Ford Expedition shall become the sole and separate- property of the Husband, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicle belonging to Husband by virtue of this subparagraph. Wife shall retain as her sole and separate property the 2004 Acura MDX that is presently in Husband's name and the parties hereto agree that, upon the execution hereof of said Agreement, the 2004 Acura MDX shall become the sole and separate property of the Wife along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. The parties agree they will cooperate in effectuating the transfer of titles and insurance to accomplish the purpose of this paragraph. 8 b. DISTRIBUTION OF PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, 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 tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale- from each party to the other from such property as may be in the individual possession of each of the parties hereto. Notwithstanding the foregoing, the parties agree Wife shall receive as her sole and separate property the items located in the Marital Residence identified on Exhibit "A" attached hereto, which is incorporated herein by reference. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, wither real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. C. REAL ESTATE. 1. Marital Residence. The parties acknowledge that they are the joint owners of the Marital Residence situate at 29 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania. The parties agree that Husband shall become the sole owner of the marital residence and he shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, taxes, insurance premiums, 9 utilities, maintenance and repairs. The parties acknowledge that the marital residence is currently encumbered with a mortgage, and Husband shall be solely responsible for and hold Wife harmless from all future mortgage payments due and owing on said mortgage as well as any and all costs and liabilities previously, currently or subsequently existing with respect to the Marital Residence, as well as reasonable attorneys' fees which may be incurred in connection with such liabilities and expenses. Contemporaneously with the execution of this Agreement, Wife shall execute and deliver to Husband a Deed, prepared by him, transferring sole and absolute ownership, right, title and interest in and to the said premises to Husband. Said Deed shall be held in escrow by Wife's attorney until the refinance of the marital home. Wife hereby releases and relinquishes any claim she may now or hereafter have to the said property. Husband agrees to refinance the mortgage on the Marital Residence within twelve (12) months from the date of execution of this Agreement to remove Wife from liability thereon. Should Husband be unable to refinance the residence within that time frame, the parties agree to list the house for sale at an agreed upon price through Wife as the listing agent with the proceeds, if any, being used to satisfy the debt. If any proceeds remain after satisfaction of the debt, said proceeds shall be used first to satisfy any child support arrearage Husband may have at that time. Husband agrees to abide by any recommendations from the realtor or listing agent as to the reduction in sales price or the acceptance of any offers of sale. The parties acknowledge that Husband shall have the sole right to claim any available tax deductions associated with the said residence for any time subsequent to the date of execution of this Agreement. 10 2. Media Road Property. The parties acknowledge that they are the joint owners of a rental property situated at 58 Media Road, Carlisle, Pennsylvania. The parties agree that Husband shall become the sole owner of the Media Road Property and he shall be solely responsible for all costs, expenses and liabilities associated with or attributable thereto including, but not limited to, taxes, insurance premiums, utilities, maintenance and repairs. This property is currently encumbered with a mortgage, and Husband shall be solely responsible for and hold Wife harmless from all future mortgage payments due and owing on said mortgage and any and all costs and liabilities previously, currently or subsequently existing with respect to the Media Road Property, as well as reasonable attorneys' fees which may be incurred in connection wiih such liabilities and expenses. Contemporaneously with the execution of this Agreement, Wife shall execute and deliver to Husband a Deed, prepared by him, transferring sole and absolute ownership, right, title and interest in and to the said premises to Husband. Said Deed shall be held in escrow by Wife's attorney until the refinance of the property. Husband agrees to refinance the mortgage on the property within twelve (12) months from the date of execution of this Agreement to remove Wife from liability thereon. Should Husband be unable to refinance the property within that time frame, the parties agree to list the property for sale at an agreed upon price with the proceeds, if any, being used to satisfy the debt. If any proceeds remain after satisfaction of the debt, said proceeds shall be used first to satisfy any child support arrearage Husband may have at that time. Husband agrees to abide by any recommendations from the realtor or listing agent as to the reduction in sales price or the acceptance of any offers of sale. 11 3. Spring Road Property. The parties acknowledge that they are the joint owners of a rental property situate at 1701 Spring Road, Carlisle, Pennsylvania. The parties agree that Husband shall become the sole owner of the Spring Road Property and he shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Spring Road Property, including, but not limited to, taxes, insurance premiums, utilities, maintenance and repairs. This property is currently encumbered with a mortgage, and Husband shall be solely responsible for and hold Wife harmless from all future mortgage payments due and owing on said mortgage and any and all costs and liabilities previously, currently or subsequently existing with respect to the Spring Road property, as well as reasonable attorneys' fees which may be incurred in connection with such liabilities and expenses. Contemporaneously with the execution of this Agreement, Wife shall execute and deliver to Husband a Deed, prepared by him, transferring sole and absolute ownership, right, title and interest in and to the said premises to Husband. Said Deed shall be held in escrow by Wife's attorney until the refinance of the property. Husband agrees to refinance the mortgage on the property within twelve (12) months from the date of execution of this Agreement to remove Wife from liability thereon. Should Husband be unable to refinance the property within that time frame, the parties agree to list the property for sale at an agreed upon sales price through Wife as the listing agent with the proceeds, if any, being used to satisfy the debt. If any proceeds remain after satisfaction of the debt, said proceeds shall be used first to satisfy any child support arrearage Husband may have at that time. Husband agrees to abide by any recommendations from the realtor or listing agent as to the reduction in sales price or the acceptance of any offers of sale. 12 4. Lewistown Property. The parties acknowledge that they are the joint owners of a rental property situated on Main Street in Lewistown, Pennsylvania. The parties agree that Husband shall become the sole owner of the Lewistown Property and he shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Lewistown Property, including, but not limited to, taxes, insurance premiums, utilities, maintenance and repairs. Husband warrants that Wife is not listed as a responsible party on any encumbrances with respect to the Lewistown Property: Husband shall be solely responsible for all costs and expenses and he shall hold Wife harmless on all liabilities previously, currently or subsequently existing with respect to the Lewistown Property, as well as reasonable attorneys' fees which may be incurred in connection with such liabilities and expenses. Contemporaneously with the execution of this Agreement, Wife shall execute and deliver to Husband a deed, prepared by him, transferring sole and absolute ownership, right, title and interest in an to the said premises to Husband. Wife hereby releases and relinquishes any claims she may have not or hereafter have to the property. If Husband sells the'Lewistown Property at a time when the $25,000.00 personal guarantee of the LeTort Mortgage Group debt still exists, and Wife's name has not been removed therefrom, the net sale proceeds shall be used to satisfy the guarantee in full or in part. 5. Potter County Cabin. The parties acknowledge that Husband has an ownership interest in a Potter County Cabin. The parties agree Husband shall retain his interest in the Potter County Cabin and he shall be solely responsible for all costs, expenses and liabilities associated with or attributable to his interest in the Potter County Cabin, including, but not limited to, taxes, insurance premiums, utilities, maintenance and repairs. Husband warrants 13 that Wife is not listed as a responsible party on any encumbrances with respect to the Potter County Cabin. Husband agrees to hold Wife harmless on any and all liabilities previously, currently or subsequently existing with respect to the Potter County Cabin, as well as reasonable attorneys' fees which may be incurred in connection with such liabilities and expenses. 6. Cumberland County Mountain Propert y. The parties acknowledge that they are the joint owners of approximately 31 acres of Cumberland County Mountain Property. The parties agree that Husband shall become the sole owner of the Cumberland County Mountain Property and he shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the property, including, but not limited to, taxes, insurance premiums, utilities, maintenance and repairs. Husband warrants that Wife is not named as a responsible parry on any encumbrances with respect to the Cumberland County Mountain Property. Husband agrees to hold Wife harmless on all liabilities previously, currently or subsequently existing with respect to the Cumberland County Mountain Property, as well as reasonable attorneys' fees which may be incurred in connection with such liabilities and expenses. Contemporaneously with the execution of this Agreement, Wife shall execute and deliver to Husband a deed, prepared by him, transferring sole and absolute ownership, right, title and interest in and to the Cumberland County Mountain Property to Husband. Wife hereby releases and relinquishes any claim she may have now or hereafter have to the property. 14 7. Bahamas Time Share. The parties acknowledge that they are the joint owners of a time share in the Bahamas. The parties agree that Husband shall become the sole owner of the Bahamas Time Share and he shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the time share, including, but not limited to, encumbrances, fees and other expenses. Husband shall be solely responsible for all costs and expenses and shall hold Wife harmless on all liabilities previously, currently or subsequently existing with respect to the time share, as well as reasonable attorneys' fees which may be incurred in connection with such liabilities and expenses. Contemporaneously with the execution of this Agreement, Wife shall execute and deliver to Husband a deed, prepared by him, transferring sole and absolute ownership, right, title and interest in and to the time share to Husband. Said deed shall be held in escrow by Wife's attorney until Husband refinances the interest to remove Wife from liability thereon. Wife hereby releases and relinquishes any claim she may now have or hereafter have to the property. d. LeTORT MORTGAGE GROUP. Wife is the owner of a sub- chapter S corporation operating under the name LeTort Mortgage Group. Pursuant to this Agreement, Husband shall assume sole ownership of LeTort Mortgage Group, including all of its assets and liabilities as its sole shareholder. Wife shall execute any and all documents necessary to transfer her shareholder interest in LeTort Mortgage Group to Husband, including stock certificates and shareholder agreements, and Husband shall be solely responsible for all costs and expenses associated with transferring Wife's shareholder interest to Husband. Husband shall be solely responsible for any and all liabilities with respect to his interest in LeTort Mortgage Group, including, but not limited to, debts, liens, encumbrances, costs, expenses, accounts 15 payable, corporate debts, personal guarantees, federal, state and local tax liabilities associated with or attributable to his interest in LeTort Mortgage Group and any and all successor entities thereto. Husband shall indemnify and hold Wife and her successors, assigns, heirs, executors and administrators harmless from any and all such liabilities, costs and expenses, including reasonable attorneys' fees, which may be incurred in connection with his ownership interest in LeTort Mortgage Group and his indemnification of Wife. As sole owner, Husband shall be permitted to take any action with respect to LeTort Mortgage Group he deems appropriate. Furthermore, Husband shall assume sole responsibility for paying the principal and interest on Wife's $25,0000.00 personal guarantee of a debt of LeTort Mortgage Group and shall indemnify her and her estate, assigns and heirs for any and all liability associated therewith, including reasonable attorneys' fees, costs and expenses as well as additional interest or penalties for failing to make timely interest payments. Husband shall assume sole responsibility for making the monthly interest payments on the $25,000.00 loan that Wife has personally guaranteed and he shall be required to make said interest payments on a timely basis until the loan is satisfied. Husband shall take all steps necessary as soon as possible following execution of this Agreement to satisfy the $25,000.00 guarantee in full or transfer said liability into his sole name. For every thirty days following execution of this Agreement that Husband fails to pay off the $25,000.00 guarantee or transfer the debt into his sole name, Husband agrees to pay Wife the sum of $1,000.00. Notwithstanding, Husband's obligation to pay any sum that accrues the first six (6) months after execution of this Agreement shall be deferred until six (6) months after the execution date of this Agreement, at which time any accrued obligation shall be paid to Wife in a lump sum. If Husband subsequently sells any real estate awarded to 'him herein, or he sells any 16 other property or interest titled in his name, any net proceeds after payment of any debt associated with the asset sold or after payment of any then existing child support arrearage shall be used to pay off or pay down the $25,000.00 personal guarantee. e. BOARDWALK INVESTMENTS. The parties jointly retain rights as a creditor on a promissory note held against Boardwalk Investments, LTD, which promissory note stems from and earlier sale of real estate located on Pitt Street in Carlisle, Pennsylvania. The parties agree that Wife shall become the sole owner/ereditor on said promissory note with Husband assigning his interest therein to her, and Husband hereby waives; relinquishes and releases any and all contractual claims he may have as a named creditor on the Boardwalk Investments promissory note. Wife shall be entitled to receive the entirety of the remaining note proceeds as her sole and separate property free of any and all past, present or future right, title, claim or interest of Husband. f. RNDG GROUP, LLC. The parties acknowledge Husband has an ownership interest in an entity known as RNDG Group, LLC. The parties'agree Husband shall retain sole and exclusive ownership of his interest in RNDG and Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to Husband's interest therein. Husband agrees to be solely responsible for all costs, expenses and liabilities associated with or attributable to his interest in RNDG, and he agrees to indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with his interest in RNDG. Husband warrants Wife is not named as a responsible party on any debts associated with or attributable to his interest in RNDG Group. 17 g. AMERICAN HOME BANK STOCK. Wife is the owner of shares of stock in American Home Bank. The parties agree that Wife shall remain the sole and exclusive owner of said American Home Bank Stock, and Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said stock including, but not limited to, interest or earnings thereon or proceeds generated from the sale thereof. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Husband shall be solely responsible for any and all debts he has incurred in his sole name either prior to, during or after the marriage. Husband warrants Wife is not named as a responsible party on any jointly titled creditcard debt. If any such debt exists, Husband shall take the immediate steps to remove Wife from liability thereon, and he shall assume sole responsibility for payment of said debt. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Other than provided for herein, Wife shall be solely responsible for any and all liabilities in her sole name incurred prior to, during or after the marriage. 18 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorneys' fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. Notwithstanding the above, Husband agrees to reimburse Wife for a portion of the counsel fees she has incurred in negotiating, drafting and executing this Agreement, in the amount of $2,500.00, which shall be paid directly to Wife no later than thirty (30) days after execution of this Agreement. 10. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by. reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity. 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. 11. LIFE INSURANCE. The parties acknowledge and agree 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 right, title, claim and interest of the other party. Notwithstanding the foregoing, the parties agree each shall maintain the minor children as irrevocable death beneficiaries on a sum no less than Two Hundred and Fifty Thousand Dollars ($250,000.00) in term life insurance proceeds, which beneficiary designation shall be irrevocable until the youngest child reaches the age of eighteen (18) and graduates from high school, whichever lasts 19 occurs. Should said life insurance proceeds become due and payable during the time that either party is required to maintain the children as irrevocable death beneficiary, the parties agree said insurance proceeds shall be placed into a trust with the other party named as irrevocable trustee thereof. The purpose of said trust is to ensure that proceeds are available for the support of the minor children during the course of their minority with any remaining proceeds used for college expenses. Each party shall be solely responsible for any and all costs associated with preparing an'appropriate trust to accomplish the purposes of this paragraph. Each party shall provide documentation to the other no later than sixty (60) days following execution of this Agreement confirming each is in compliance with this paragraph. 12. DIVORCE. A Complaint in divorce has been filed to No. 08-4800 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to the secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for whatever reason; either party fails or refused to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any actions brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable actions may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 20 13. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the'date of execution. of this Agreement. 14. RECONCILIATION. Notwithstanding reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. . 15. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purpose of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interest and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any 21 change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 17. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and whosoever located belonging in any way to each of them., of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. BREACH. If either party breaches any provision of this Agreement, that other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as and Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 22 20. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 21. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made iri writing and signed by both of the parties. 22. ADDITIONAL INSTRUMENTS, Each of the parties shall from time to time at the request of the other, execute, acknowledge, and "deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 24. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligation of the parties. 23 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date hereinabove set forth. WITNESS WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND -A?? Alan Davis / SS. On this L d- day o , 2010, before me, the undersigned officer, personally appeared ALAN D VIS, kno to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. - '? 1?z "0" J, C/ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this Asa day of , 2010, before me, the undersigned officer, personally appeared KRISTI DAVIS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NOTARY PUBLIC 'omm w ith of enns iv ni NOTARIAL SEAL DEBORAH L. RYAN, Notary Public Mechanicsburg Boro., County of Cumberland My Commission Expires June 11, 2010 omm ea lth gi TARIAL SEAL DL. RYAN. Notary Public hanicsBM., County of Cumberland Comon Expires June 11 , 2010 OM & Kr uLAKIs Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 ALAN DAVIS, Plaintiff V. KRISTI DAVIS, Defendant F1LE!_-0- !i. 2010 JAN 21 PH 2: 51 N l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-4800 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on August 11, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: /,-.2 v -/ p ALAN DAVIS JrA OM CSC' &U ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 ALAN DAVIS, Plaintiff v. hRISTI DAVIS, Defendant r y 2010 JAH 21 PH 2: 52 rre. ?? ^;ii• if, r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 200 r&--g900 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. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. - ;v -/v Date: 'e?? ALAN DAVIS +1 J 2010JN21 PM 2: 51 ALAN DAVIS, IN THE COUR1 C`t?l'VION PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2008-4800 KRISTI DAVIS, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on August 11, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: v :1( -no"'/v KRISTI D VIS ALAN DAVIS, Plaintiff V. KRISTI DAVIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. ZooS,,gVoo CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ? ),I U 7_i 1 .C C- C-1 ...? CPI OM & Kti,uLAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ALAN DAVIS, Plaintiff V. KRISTI DAVIS, Defendant 2010 JAN ? I PH 2: 51 0E 5 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-4800 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under 53301(c) and (d) of the Divorce Code. 2. Date and manner of service of the Complaint: a. Personal Service on Kristi Davis by U.S. Mail return receipt, registered mail, as evidenced by Acceptance of Service filed on August 21, 2008. 3. Date of execution of the Affidavit of Consent required by 53301(c) of the Divorce Code: a. by Plaintiff: January 20, 2010; by Defendant: January 21, 2010. 4. All economic claims previously raised have been settled by filing of the Marital Settlement Agreement dated January 21, 2010. ."? 5. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: January 21, 2010; by Defendant: January 21, 2010. Respectfully submitted, ABOM & KUTULA"S, L.L.P DATE (-a?-1 y Kara W. Haggerty, Esq Supreme Court ID #86914 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaint IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN DAVIS V. KRISTI DAVIS NO. 2008-4800 DIVORCE DECREE AND NOW, GtCw7 GOl v , it is ordered and decreed that ALAN DAVIS plaintiff, and KRISTI DAVIS , 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 Marital Settlement Agreement dated January 21, 2010, is incorporated but not merged ,4,o /, i e- By the Court, 1?a? i ?