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HomeMy WebLinkAbout04-1338TAMARA L. REDD, Plaintiff V. BRANDON L. REDD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA :NO. Oq "-- 133 : : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other fights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 TAMARA L. REDD, Plaintiff BRANDON L. KEDD, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend man/age counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your fight to request counseling. Prothonotary TAMARA L. REDD, Plaintiff V. BRANDON L. REDD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Oq- /33,° CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF TIlE DIVORCE CODE 1. Plaintiffis Tamara L. Redd, who currently resides at 5219 Royal Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Brandon L. Redd, who currently resides at 39 Ashburg Drive, Apt. Mechanicsburg, Cumberland County, Pennsylvania 17050 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 15, 1998, in Ochos Rios, Jamaica. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiffis a citizen of the United States of Amexica. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiffhas been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since January 1, 2003 10. Plaintiffrequests the Court to enter a Decree in Divorce. WHEREFORE, the Plaintiffrequests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. JAMES, SMITH, DIETTERRICK & CONNELLY Date By: ~x 6~5~ Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. TAMARA L. REDD, Plaintiff BRANDON L. REDD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-1338 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : AND NOW, this 5th day of April, 2004, personally appeaxed before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, J:r., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Brandon L. Redd, on April 3, 2004, by certified mail number 7002 0860 0004 2141 9833, as evidenced by the remm receipt card attached hereto and :made a part hereof. Sworn to and subscribed before me this dayof AfO£,'[ ,2004. 16hn)l'/C°nnX~lly' Jr'' Esquire /(/' COMMONWEALTH OF PENNSYLVANIA I~:Xarial Seal Eazab~ S. Eck, No~y Puaic ~ Twp., Deul~ Oounty MY Cx~mmlssion Expires Nov. 4, 2007 Member, Pennsylvania Association Of Notaries TAMARA L. REDD, Plaintiff BRANDON L. REDD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 04- 1338 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiffin the above matter, hereby elects to retake and hereafter use her former name ofTamara L. Moreo and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S.A. § 704(a). DATED: ?-,23-- 0/// Tamara L. Redd TO BE KNOWN AS Sworn to and subscribed before me this ~4~ ]~L-day COMMONWEALTH OF PENNSYLVANIA Notarial S~al Jean L. Kosicr, NoU~-y Public l~nBt Twp., Dauphin County My Commission Expires Mar. 3, 2008 Tamara L. Moreo MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN BRANDON L. REDD TAMARA L. REDD John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 234-2616 Counsel for Tamara L. Redd MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of. ~ , 2004 by and between BRANDON L. REDD, of Cumberland County, Pennsy~ania, and TAMARA L. REDD, of Cumberland County, Pennsylvania. WlTNESSETIt: WltEREAS, Brandon L. Redd (hereinafter called "Husband") currently resides at 39 Ashburg Drive, Apt. 4, Mechanicsburg, Cumberland County, Pennsylvania 17050 Wlt'EREAS, Tamara L. Redd (hereinafter called "Wife") currently resides at 5219 Royal Drive, Mechanicsburg, Cumberland County Pennsylvania 17055; WIqE~REAS, the parties hereto are husband and wifi,~, having been lawfully married on October 15, 1998; WHEREAS, the parties have lived separate and apart since on or about January 1, 2003 WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obhgations 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, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW Ttl]EREFORE, in consideration of these preraises, 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 amd agree as follows: 1. PERSONAL RIGItTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be flee 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, J_ profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with b_ira or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSF. I,. Each party acknowledges that he or she has had the opportunity to receive independent legal advice fi.om counsel of his or her selection. Wife has secured legal advice from John J. Connelly, Jr., Esquire, her 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, arid that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 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 individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the tenns 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 Count),, 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 of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of doctunents, the takfl~g or 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 of the parties further acknowledges that 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 that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the n~rne of one of the parties and another individual or individuals. Each party agrees that any right to fmther disclosure, valuation, appraisal or 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. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasov2tble 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 influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary 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 divorce only. Wife agrees that she shall file a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania. The parties agree that, at the end of the statutory waiting period, they will each execute an Affidavit of Consent and Waiver of Notice of intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Wife shall supply Husband with a copy of the Decree. 5. EQUITABLE DISTRIBUTION. A. Real Estate The parties have sold their joint residence located at 12 Pamela Drive, Mechanicsburg, Cumberland County, Pennsylvania in September of 2003. A copy of the settlement sheet is attached hereto and marked Exhibit "A". The parties divided to their mutual satisfaction, the proceeds as specifically set forth on the settlement sheet. Neither party shall make a claim against the other for the division of the said proceeds. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rags, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all funfishings and personalty currently in his possession, free and clear of ~my right, rifle, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of ~any right, title, claim and/or interest of Husband. C. Motor Vehicles. (1) Husband shall retain the 2001 Toyota Tacoma Track. The original loan with Members Is~ was in Wife's name, however, Husband placed the loan in his name individually after W executed the documents necessary to transfer title to Husband's name individually. Husband shall indemmfy and hold Wife harmless on any obligations relating the vehicle. (2) Wife shall retain the 1997 Toyota Carm3~ which was owned by her prior to the marriage of the parties. D. Life Insurance. Wife is the owner of a life insurance policy through Allstate Insurance insuring Husband's life in the amount of $100,000.00 and Wife's life in the amount of $50,000.00. Wife shall retain ownership of the said policy *md, as such, will retain the right to continue to maintain the policy or cash it in. Wife shall also retain the right to change beneficiaries thereunder. E. Pension and Retirement Benei~t~, (1) Wife shall retain the rollover from her Fidelity account with Holy Spirit Hospital which is currently with Senior Financial Advisors. Wife shall also retain her E-Trade IRA rollover and her pension benefits through Moffit Heart & Vascular Group as well as any other retirement accounts in her name individually. (2) Husband shall retain as his sole and separate property, his pension plan through Holy Spirit Hospital as well as any other retirement accounts in his name individually. F. Bank Accounts. The parties have divided to their mutual satisfaction, their bank accounts at Members lst , both checking and savings, as well as their account at the New Cumberland Federal Credit Un/on. The Members 1~t account previously tiffed jointly in the parties' names is now owned by Wife individually. G. Investments. Wife shall retain the RJT Traders account with a balance of approximately $200.00. With the exception of the aforementioned item, each party shall retain any investments or other similar assets in their individual narnes. II. 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 rifled; and 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 bom 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 5 sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. J. ~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 fights in such property from Wife to Husband. K. Liability not Listed. Each party represenls 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 the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, ;md to indemrdfy and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnitieation 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 indemnify 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. M. Indemnffieation of Husband. If any clalra, 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. N. Warranty as to Future Obligations. 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 party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liahility. Each party hereby agrees to indemnify, save and hold the other and his or her property h~aless from any liability, loss, cost or expense whatsoever, inchiding actual attorneys fees, incurred in the event of breach hereof. 6. 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 their 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. 7. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically wa/yes any and all beneficiary rights and any and all rights as a surviving spouse in and to any asse'~, 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, annuities, 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 arty 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 of 'the deceased party. 7 8. 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 §3502 of the Divorce Code, and Wife and Husband hereby waive any fight to division of their property except as provided for in this Agreement. Furtherraore, except as otherwise provided for in this Agreement, each of the parties hereby specifical][y waives, releases, renounces and forever abandons any claim, right, title or interest whatsoew~ 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. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither patty will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged fi.om any obligation under this Agreement or any instrument or document executed pursuant to th/s Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or fight of the other, all items of personal property, tangible or intangible, acquired by h/m or her fi.om 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 fi.om any and all fights and obligations which either party may have or at any time hereai~er 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 8 other jurisdiction, except and only except ail 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 unconditionaily releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all fights, claims, demands or obligations arising out of or by virtue of the maritai relatinnship of the parties whether now existing or hereafter arising. The above release shail be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the fight to treat a 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 unconditionai release and discharge ftom ail causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 9. 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 maritai estate, and each party will allow the other party access to those records in the event of tax audits. 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shail be effective unless in writing signed by each of the parties hereto. 11. SEVERABILrrY. 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. 12. BREACH. If either party hereto breaches a~ty 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. 13. WAIVER OF BREACltr, 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. 14. 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 if made or addressed to the following: Brandon L. Redd 39 Ashburg Drive, Apt. 4 Mechanicsburg, PA 17050 and to Wife, if made or addressed to the following: Tamara L. Redd 5219 Royal Drive Mechanicsburg, PA 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. 15. APPLIC_ABLE 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 Perms34vania) in effect as of the date of execution of this Agreement. 16. 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 th/s Agreement. 17. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 18. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall m)t 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. 19. 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. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, a&xfirfistrators, legal representatives, assigns, and successors in any interest of the parties. 21. 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. 22. Mu'rUAL 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 mad purposes of this Agreement. If either party unreasonably falls 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. 23. AGREEMENT NOT TO BE MERGEB. This Agreement may be incorporated into a decree of divorce for purposes of enforcoment 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 WItEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ,~onL-/ B on L. Redd WITNESS Tamara L. Redd 3.2 TAMARA L. REDD, Plaintiff BRANDON L. REDD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA : NO. 04 - 1338 C1VIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under Section 3301(c) of the Divorce Code was filed on March 29, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and n/new days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI do not claim them before a divorce i~s granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Tamara L. Redd, Plaintiff TAMARA L. REDD, Plalmiff Vo BRANDON L. REDD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 04 - 1338 CIVIL TERM CIVIL ACTION .. LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of thc Divorce Code was filed on March 29, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce al'ter service of Notice of Intention to request entry of the Decree. 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 ifI 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: TAMARA L. REDD, Plaintiff BRANDON L. REDD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 04 - 1338 CIVIL TERM : : C1VIL ACTION .. LAW : 13/DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together w/th the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: April 3, 2004 by certified mail no. 7002 0860 0004 2141. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff.' July 23, 2004; Defendant: July 22, 2004. (b) (1) Date of execution of the Plaintiffs Affidav2 required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated May 21, 2004. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301 (d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: July 23, 2004; by Defendant: July 22, 2004. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both the Plaintiffs and Defendant's Waivers are being filed simultaneously with this Praecipe. o~n J.~xnnel~y, Jr., ~squlre Attorney fo~l{intif£ J Pos~ ffi cex.,BbxX6~/ Hershe'~;'TP~ 17033 (717) 533-3280 PA I.D. No. 15615 JAMES, SMITH, DIE'~ ,Y LLP IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~% PFNNA. TAMARA L. REDD, Plaintiff VERSUS BRANDON L. REDD, Defendant NO. 04 1338 CIVIL TERM DECREE IN AND NOW, DECREED THAT DIVORCE tv Tamara L. Redd Brandon L. Redd 7¢~., IT IS ORDERED AND _, PLAINTIFF, AND __, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEeN RaiseD Of rECO~[~//.~IS aCTION fOR WHiCh A fINAl order hAS NOT YET BEEN ENTERED; ~ The attached Marital Settlement Agreement dated May 21, 2004 is hereby incorporated, but not merged, int Decree in Divorc BY T~E COURVj/ ~.~..~.~ dPROTHONOTARY