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HomeMy WebLinkAbout08-5412FRIEDMAN & KING, P.C. Richard S. Friedman, Esquire ID #07176 3820 Market Street Camp Hill, PA 17011 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff FLORENCE R. BROWN Plaintiff V. GREGORY A. BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0$- 541a Civil Iertm 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 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, FRIEDMAN & KING, P.C. By: f 'char S. Friedman, Esquire 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 w FRIEDMAN & KING, P.C. Richard S. Friedman, Esquire ID #07176 3820 Market Street Camp Hill, PA 17011 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff FLORENCE R. BROWN Plaintiff V. GREGORY A. BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0?- T9 LL CIVIL ACTION -LAW IN DIVORCE 1. Plaintiff is Florence R. Brown, who currently resides at 19 S. Humer Street, Cumberland County, Enola, PA 17025. 2. Defendant is Gregory A. Brown, who currently resides at 19 S. Humer Street, Cumberland County, Enola, PA 17025. 3. The parties 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 July 13, 2002, in Meadville, Crawford County, Pennsylvania. 5 There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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 counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Date: ?//6/0 r Respectfully submitted, FRIEDMAN & KING, P.C. l/ - Ri hard S. Friedman, Esquire 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 VERIFICATION I, Florence R. Brown, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Florence R. Brown Dated: September / ? , 2008 p -o- t ? d d C N r_ i MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of "-`, 2008, by and between Florence R. Brown, of Cumberland County, Pennsylvania, and Gregory A. Brown, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Gregory A. Brown, (hereinafter called "Husband") currently resides at 19 S. Humer Street, County of Cumberland, Enola, PA 17025; and WHEREAS, Florence R. Brown (hereinafter called "Wife") currently resides at 19 S. Humer Street, County of Cumberland, Enola, PA 17025; and WHEREAS, the parties hereto are husband and wife, having been lawfully married on July 13, 2002; and WHEREAS, the parties have lived separate and apart since on or about May 2007; and WHEREAS, two children were born of the marriage between the parties, namely, Alexandria L. Brown, born February 25, 2004; and Caitlyn H. Brown, born August 26, 2006; and 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, the 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: 1. 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, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him 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. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the separation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unh4ppy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and 2 agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 3. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband acknowledges that this Agreement has been prepared by counsel selected by Wife, to wit, Richard S. Friedman, Esq. who has advised Husband that he has the absolute right to be represented by separate and independent counsel of his choosing to advise him in the within matter, and Richard S. Friedman, Esq. has strongly recommended to Husband that he secure said counsel. By executing the within Agreement, Husband acknowledges that he understands his right to said counsel and has consulted with said counser or is voluntarily choosing not to do so. By executing the within Agreement, Husband waives any claim for conflict of interest which he could otherwise assert against Richard S. Friedman, Esq. and the firm of Friedman & King, P.C. 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 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, 3 acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or 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 of litigation. 4. 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 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 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 name of one of the parties and another individual or individuals. Each party agrees that any right to further 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 4 Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable 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. 5. 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 will file a divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties agree that each will 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. 6. EQUITABLE DISTRIBUTION. A. Real estate: The parties are the owners of real estate located at 19 S. Humer Street, Enola, PA (hereinafter called "subject premises"). From and after October 1, 2008, Wife shall enjoy sole exclusive possession of subject premises. Husband agrees that he will transfer all of his right, title and interest to Wife individually and Wife will assume all financial obligations of the house, including the mortgages and notes encumbering said property. 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 B. Furnishings and personalty: The parties agree that they have divided by agreement between themselves all furnishings and personalty located at subject premises, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances, and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife, and Wife shall retain sole and exclusive ownership of all furnishings and personalty currently in her possession, free and clear of any right, title, claim and/or interest of Husband. C. Vehicles: Husband is the owner of Hyundai Entourage and a Chevrolet Cavalier, currently titled solely in Husband's name. Wife will become the owner of the Hyundai Entourage currently titled solely in Husband's name. Husband will become the owner of the Chevrolet Cavalier. Each party shall retain sole and exclusive possession of the vehicle of which said party is described as "owner" above, and shall likewise be solely responsible for any encumbrances thereon. Each party shall cooperate by executing all Penndot and other documents necessary to effectuate the intent of the within paragraph. D. Miscellaneous Property: As of the execution date of the within Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; 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 6 the other. E. 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. F. 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. G. Marital Debt. The parties agree there is no marital debt other than the mortgage on the house and the loan on the Hyundai Entourage, both of which are being assumed by Wife. H. Liability Not Listed. Each parry 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 the party who has incurred or may hereafter incur it, 7 and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. 1. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assume 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. J. 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. K. 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 liability. Each parry 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 attorney's fees, incurred in the event of breach hereof. 8 7. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, relative to any such previously jointly-filed returns, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent or his or her separate income on the aforesaid joint returns. The parties agree to file a joint tax return for 2008 and will equally divide any refund. 8. CUSTODY. The parties agree that the primary physical custody of their children shall be with Mother, and that Father shall have liberal visitation. Both parties agree that it is vital to their child's childrens' wellbeing that they maintain close relationships with both parents, and to that end, both parents will encourage their children to bond with the other parent, and neither parent will disparage or malign the other parent in the presence of the children. 9. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Except as provided below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which either may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance of other like benefits resulting from the parties' status as husband and wife. Husband will pay the sum of $448.82 biweekly as child support and $330.22 biweekly as spousal support which includes the mortgage 9 deviation. 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 parry 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. 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, 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 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 of the deceased party. 12. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions 10 provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 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. The parties have divided between them to their mutual satisfaction all personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party 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 from any obligation under this Agreement or any instrument or document executed pursuant to this 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 presently have or at any time hereafter will have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, 11 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 parry 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, 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 right 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 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. 12 E. The parties agree to elect to have the provisions of Section 1041 of the Internal Revenue Code apply to all qualifying transfers of property. The parties understand that Section 1041 applies to all property transferred between spouses or former spouses incident to divorce. The parties further understand that the effects for federal income tax purposes of having Section 1041 apply are that (1) no gain or loss is recognized by the transferor spouse/former spouse as a result of this transfer and (2) the basis of the transferred property in the hands of the transferee spouse/former spouse is the adjusted basis of the property in the hands of the transferor spouse immediately before the transfer, whether or not the adjusted basis of the transferred property is less than, equal to, or greater than the fair market value of the property at the time of transfer. The parties understand that if the transferee spouse/former spouse disposes of the property in a transaction in which gain is recognized, the amount of gain that is taxable may be larger than it would have been if this election had not been made. 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. 16. BREACH. If either party hereto breaches any provision hereof, the other party shall 13 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 if made or addressed to the following: Gregory A. Brown and to Wife, if made or addressed to the following: Florence R. Brown 19 S. Humer Street Enola, PA 17025 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. 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 14 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 DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF WARRANTIES. 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. If any term, condition, clause or provision of this Agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it being the express intention of both parties hereto to have this Agreement govern their relationship now and hereafter, irrespective of their marital status. 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 15 effect. 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 has waived the right to consult with an attorney despite being advised to do so; 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. 27. AGREEMENT NOT TO BE MERGED. This Agreement shall 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 16 , Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss: Florence R. Brown *godAd Brown On this, the q day of )djOt , 2008, before me a Notary Public, the undersigned officer, personally appeared Florence R. Brown, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL kl???j 14- SHARRY D. SEMANS, Notary Public Notary Public C' of Harrisburg, Dauphin County 1_v'R..' j 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss: On this, the WA day of S^4e-- , 2008, before me a Notary Public, the undersigned officer, personally appeared Gregory A. Brown, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH Of PENNSYLVANIA NOTARIAL SEAL BARBARA E. PALMER, Notary Po k City of Harrlsburg. Dauphin mty My COMIISSW EXPIM ft 23, 200 ?? -ff/? Notary Public 17 _, `.4 <rv? "CS ?_ . ? "?7r .,,.2 •_ _?t ?.. i i :,..-r FLORENCE R. BROWN IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-5412 Civil Term GREGORY A. BROWN CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Richard S. Friedman, Esquire, Attorney for the Plaintiff, who, being duly sworn according to law, deposes and says that a Certified copy of the Complaint in Divorce in the above-captioned matter was served upon Defendant, Gregory A. Brown, on September 16, 2008, as evidenced by the attached Acceptance of Service. Richard SeTriedin Esquire Sworn and subscribed to before me this ?`d-, day of 1_'2008. Notary Public COMMONWEALTH OF PENNSYLVANIA @IOIARtAL SEAL BARBW E. p"ER, Notary Public City of Harcisbwt 1, Dauphin County MY Conrernssiw Expires May 23, 2009 FLORENCE R. BROWN IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5412 GREGORY A. BROWN CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce. Dated: September /(? , 2008 Jn A.' Brown ?.. ?" hJ c,"''2 e ` c M, - r-? y- ?..a r? ."Y ?,.. FLORENCE R. BROWN IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-5412 Civil Term GREGORY A. BROWN CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 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. DATED: \'kW ok ..?.7 ;+ "} ??.. , 3 3 ? ?? " i ?1 "'r,r; t? k - ?x FLORENCE R. BROWN Plaintiff V. GREGORY A. BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5412 Civil Term CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) 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. 4. 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(, tot , V,. , " Iq A, - - ?, I"r-- go `,r Brown, Defendant FLORENCE R. BROWN Plaintiff V. GREGORY A. BROWN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5412 Civil Term CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) 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. 4. 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: Florence R. Brown, Plaintiff FLORENCE R. BROWN IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5412 Civil Term GREGORY A. BROWN CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 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. DATED: t t?(U ?t?\ ? Florence R. Brown r>: ?:.? '- i w. ...•-# ?? t ? FLORENCE R. BROWN Plaintiff V. GREGORY A. BROWN Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5412 Civil Term CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the complaint: On September 16, 2008 by Acceptance of Service. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, 12/16/08; by Defendant, 12/16/08. 4. Related claims pending: There are no related claims pending. 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: 12/17/08. Date Defendant's Waiver of Notice was filed with the Prothonotary: 12/17/08. for Plai ? ?'? ; :-;? ;7 ? ?_ ' "'a "'2'Y F"+'# . #-r, :=t ?> .,? :I1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FLORENCE R. BROWN, V. GREGORY A. BROWN, NO. 08-5412 Civil Term DIVORCE DECREE AND NOW, De-e- . 2-!J ZbOS , it is ordered and decreed that FLORENCE R. BROWN, , plaintiff, and GREGORY A. BROWN, , 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 attached Marital Settlement Agreement is incorporated, but not merged, and made a part of i i Divorce. By the Court " V"? rV4 44V - ha b47 . -6 /