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HomeMy WebLinkAbout08-6518 STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff STEVEN E. HURLEY, Plaintiff V. JULIE A. HURLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: b$ - &Si8 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 St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff STEVEN E. HURLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE A. HURLEY, Defendant No.: ok- 45/d' CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER 4 3301 (d) OF THE DIVORCE CODE Plaintiff is Steven E. Hurley, who currently resides at, 923 Nixon Dr., Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Julie A. Hurley, who currently resides at, 833 Acri Rd., Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been living separate and apart since January 2006. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on February 14, 2003 at the Fayetteville Courthouse, Fayette County, W. COUNT I- DIVORCE 6. Paragraph 1 through 5 of this Complaint are incorporated herein by reference as though set forth in full. 7. There have been no prior actions for divorce or for annulment between the parties. 8. Neither Plaintiff nor Defendant in this action are a member of the Armed forces. 9. Divorce is sought pursuant to the provisions of the Divorce Code, §3301(a) (2), and (d) in that; a. The Defendant committed adultery b. The parties have been living separate and apart for more than two years. 10. The marriage is irretrievably broken. 11. 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. 12. Plaintiff requests the Court enter a Decree of Divorce. WHEREFORE, The Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II- EQUITABLE DISTRIBUTION 13. Paragraph 6 through 12 of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, which property is marital property. 15. Plaintiff and Defendant may have owned, prior to marriage, property that has increased in value during the marriage and/or which has been exchanged for other property, that has increased in value during the marriage, all of which property is marital property. 16. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, The Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, Steph a E. Chertok, Esquire Attorney I.D. No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. 202325 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff VERIFICATION I, Steven E. Hurley, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: &,Z2 a F Z-0-8 Steven E. Hurley STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff STEVEN E. HURLEY, Plaintiff V. JULIE A. HURLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, counsel for Plaintiff, hereby certify that a copy of the Complaint for Divorce, directed to Defendant, Julie A. Hurley, was served upon Defendant at Defendant's residence, 833 Acri Rd. Mechanicsburg, PA 17055, this 2b day of 2008, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa. C.R.P. 1930.4(c). ?- ? ,. ° O -, l `--= ? ?+C R r .? ? _ '.% ? ''?? S W i i r..., r ? ? Yti . r ,''"T ?' ? ? €21 '` N ? ? JEANNA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No (717) 221-0900 STEVEN E. HURLEY, Plaintiff VS. JULIE A. HURLEY, Defendant TO THE PROTHONOTARY: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6518 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE Please enter my appearance as counsel of record for Defendant, Julie A. Hurley, in the above divorce action. Dated: 1z 6/2?0- By. ANNE B. COSTOPOUL -OS4SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Stephanie E. Chertok, Esquire 61 W. Louther Street Carlisle, PA 17013-2936 By: ANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: /,?j? C? O ` ;it r7 l -T7 CTI C-n Wa.? 7 2'as --ri r _ C"r' co r?j "ri 0- ras i9 MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN STEVEN E. HURLEY AND JULIE A. HURLEY Jeanne B. Costopoulos, Esquire 5000 Ritter Road Suite 202 Stephanie E. Chertok, Esquire , Mechanicsburg, PA 17055 61 W. Louther Street Telephone: (717) 221-0900 Carlisle, PA 17013 Counsel for Julie A. Hurley Telephone: (717) 249-1177 Counsel for Steven E. Hurley STEVEN E. HURLEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-6518 CIVIL TERM JULIE A. HURLEY, CIVIL ACTION - AT LAW Defendant DIVORCE COMPREHENSIVE FINAL MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this Z? day of elf( 2009, by and > between STEVEN E. HURLEY and JULIE A. HURLEY: WITNESSETH: WHEREAS, STEVEN E. HURLEY (hereinafter referred to as "Husband") and JULIE A. HURLEY (hereinafter referred to as "Wife") are husband and wife, having been lawfully married on February 14, 2003, in Fayette County, West Virginia; WHEREAS, no children were born of the marriage between the parties; 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: ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to 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 is being entered into freely and voluntarily, after having received such advice and with such knowledge, 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 Initials: s? 1 Initials: any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of 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 endente 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 and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony endente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. 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 discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or 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 or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. 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 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 Initials: ? 2 Initials: ?N+ fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that Husband has initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at number 08-6518 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that contemporaneously with the execution of this Agreement, each will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Divorce Information Sheet and/or any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they own a home and property located at HC 83, Box 176, Rainelle, Fayette County, West Virginia, 25962 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Husband as sole Initials: 61011 3 Initials: ?IkA owner thereof and Wife further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policy. (2) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, mortgages, loans, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. (3) Wife shall execute a deed transferring her interest in the Marital Residence to Husband upon demand. Husband shall be responsible for any costs associated with preparation and filing of the deed. (b) Furnishings and Personalty. Each party shall retain the items currently in their possession. (c) Motor Vehicles. Husband and Wife agree that Wife shall retain possession of any vehicles titled solely in her name as her sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with the vehicles. Husband and Wife agree that Husband shall retain ownership of the parties' 1999 Dodge Stratus, and any other vehicles currently titled in Husband's name solely as his sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property Initials: 4 Initials harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the vehicles. (d) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. Therefore, Husband shall retain his New York Life life insurance policy no. 62 438 704, which contained a cash surrender value of $4,773.71 as of August 10, 2003 and Wife shall retain her Aetna life insurance policy no. G1284294 which contained a cash surrender value of $2,343.86 as of February 7, 2003. (e) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (f) Cash Accounts Stocks and Investments. (1) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, Initials: -S-Ey 5 Initials: stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. The parties acknowledge that they do not currently have any open joint financial or credit accounts. (g) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; 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. (h) 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. (i) 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. (j) Assumption of Encumbrances. (1) Husband shall be solely responsible for any and all liabilities he has incurred which are solely in his name in addition to the following: 1. All debt and liabilities associated with the marital residence. 2. All debt and liabilities associated with the parties' 1999 Dodge Stratus. Initials: StAl 6 Initials 3. All debt and liabilities associated with Husband's criminal charges, including but not limited to fines and costs, restitution, and criminal defense attorney fees. 4. All debt owed to Husband's parents, including but not limited to, a loan in the amount of $20,000.00 used to pay marital expenses during Husband's period of incarceration and a loan in the amount of $4,000.00 to assist in the purchase of a 1999 Dodge Stratus. 5. All debt associated with the parties' 1999 Dodge Stratus, which was repossessed, including but not limited to the $4,000.00 owed to Husband's parents and the approximately $2,500.00 which remains due on a car loan which was not covered by the price received for the car when it was sold at auction. 6. Husband shall be solely responsible for any and all liabilities he has incurred which are solely in his name not otherwise specifically set forth above. (2) Wife shall be solely responsible for any and all liabilities she has incurred which are solely in her name not otherwise specifically set forth above. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (k) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, Initials: IJC 7 Initials: 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 such 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 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) 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. (n) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not 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 party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6. ALIMONY. 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, 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 Initials: 8 Initials: \j foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 8. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State 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 of his or her separate income on the aforesaid joint returns. 9. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the cant'-over basis provisions of the said Act. Initials: 9 Initials: JAO 10. COUNSEL FEES COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 11. 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, and shall include all rights under the Pennsylvania Divorce Code. 12. 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. 13. 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 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 Initials: -SEW_ 10 (? Initials: `J N may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony endente lite alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, 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 Initials: ?I 11 Initials';,?_l 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. 14. 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. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. 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. 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. 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. 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 Initials: S 12 Initials: same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 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, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on Initials: r ?--tl 13 ?/7? Initials: W 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 may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releases. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS WITNESS EN H. HU Initials: 14 Initialsk 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF/ l'(, ) ;nd BEFORE ME, the undersigned authority, on this day personally appeared STEVEN E. HURLEY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. 2009. NOTARIAL SEAL _ STEPHANIE E CHERTOK, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 24 201 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF &,/0,1 d of Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: bK- My commission expires: BEFORE ME, the undersigned authority, on this day personally appeared JULIE A. HURLEY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this U-11, day of 1 y 2009. COMMONWEALTb OR ®eNNSYLVANIA Notarial Seri Robert J, Ross, Notrry Public Silver Spring . ., Cumbedrnd County My COnlmfafiOn Expires Aug. 10, 2012 Member, Pennsylvania Association of Notaries Initials: GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in a fCommonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: 4 O i 15 Initials. k FILB.r t , OF THE 2CJ`9 JJL 23 Fi i I STEVEN E. HURLEY, Plaintiff vs. JULIE A. HURLEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-6518 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about January 2006 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. 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: I IWIN r THE P,Rklf'-```h,.,)TA Y 2009 DEC I I I'I`I 12: 53 STEVEN E. HURLEY, Plaintiff vs. JULIE A. HURLEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-6518 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. Date: l F LED E E: TARY 2009 Di:c ( i Pri 12: 5 3 CUM Y V . V0 STEVEN E. HURLEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6518 O C-_ V O S -t7 CC:! C_ JULIE A. HURLEY, CIVIL ACTION - LAW rT : 3+w ,nom Defendant IN DIVORCE 'coc c.. AFFIDAVIT OF SERVICE z The undersigned does hereby certify that on November 3, 2008, a true d C':rrec'1` copy of the Complaint Under § 3301(d) of the Divorce Code was served upon the following. individual by forwarding same via U.S. Postal Service regular mail and certified mail. A return receipt was received from the U.S. Postal Service indicating that the defendant accepted the certified mail on November 5, 2008. A true and correct copy of the U.S. Postal Service return receipt is attached hereto marked as Exhibit "A". Julie A. Hurley 833 Acri Road Mechanicsburg, PA 17055 DATE: (A lord to ANDREW J. B L4 -, DER, ESQUIRE Attorney for Plaintiff PA Supreme Court ID# 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax 11 U.S . Post al Ser vice,., 1 CE RT!F IED MAIL F T,., (Do mestic M ail Only; No Insuran 1 fe C3 MEC Ln #0.59 (J u Postage $ M C3 Certified Fee $2.70 12 C3 C3 Return 1- F "Opt Fee (Endorsement Required) f2.2G Here C3 r? Restri cted Delivery Fee (Endorsement Required) ... ru Total Postage & Fees $ 55.49 ",11/03/2008 ru C3 To ?-? ------------- 9 1 ? - N - P t, 4 t Box No. 0'co ------- - --------------------------------- ¦ C plate items 1, 2, and 3.. Also complete ite 4 if Restricted Delivery is desired. ¦ P t 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. A. € B. Received by (Printed Name) C: Date of Delivery D. Is delivery address different from Rem 17 ? Yes if YES, enter delivery address G w? 13 3. Service Type, , :./?,;''? If ? Certified Mail 0 Fxpreit U ? Registered ? Return Rece erchandise ? insured Mail ? C.O.D. 4.: Restricted Delivery? (Extra Fee) ? Yes (E n 2. Afficle Number (I+n4ofim1horr6atm service label 7002 2410 0003 1550 6260 PS Form 3811, February 2604 Domestic Return Receipt 102595-02-M-1540 1. Article Addressed to: JL) e. A? ?-lur X33 Acs I 'tAA A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY, CIVIL ACTION - LAW Plaintiff NO. 08-6518 co ULIE A. HURLEY, `q C7 C, ? N r- ai Defendant IN DIVORCE AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about January 2006 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. 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 falsification to authorities. DATE: I A / ° STEVEN E. HURLEY, Plaintiff RLED-Oti FILE OF THc PRO T HNOTARY 2010 JAN -8 FM 2: 42 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY, CIVIL ACTION - LAW C a Plaintiff G NO. 08-6518 -0 ? - a- rn? V. x JULIE A. HURLEY, ; --o Defendant IN DIVORCE; r rn N WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights 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 unworn falsification to authorities. DATE: ?- //, STEV E. HURLEY, Plaintiff STEVEN E. HURLEY, Plaintiff V. JULIE A. HURLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6518 CIVIL ACTION - LAW IN DIVORCE c CERTIFICATE OF SERVICE r c _ m c ?c0 The undersigned does hereby certify that on the date indicated a true and cwt cagy o'' the foregoing Affidavit Under § 3301(d) of the Divorce Code and Waiver of Notice of Inter*ion? to Request Entry of a Divorce Decree Under § 3301(c) and § 3301(d) of the Divorce Code were served on the following by sending same via U.S. Mail postage pre-paid: Jeann6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: 01108110 ANDREW J. BENDER, ESQUIRE PA Supreme Court ID #205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax I. a ANDREW J. BENDER, ESQUIRE PA Supreme Court ID: 205763 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Defendant STEVEN E. HURLEY, Plaintiff V. JULIE A. HURLEY, Defendant RLED-40t-riCE t?F ?1-Ic P C C.1\10TAW 2010 JAN -8 Pik 2: 43 CJ? : _. a i. 'J iN1 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6518 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: November 5, 2008 via certified mail and regular mail pursuant to Pa.R.C.P. 1930.4(c). 3. Complete either (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff by defendant (b)(1) Date of Plaintiffs execution of the affidavit required by § 3301(d) of the Divorce Code: January 8, 2010 ; Date of Defendant's execution of the affidavit required by § 3301(d) of the Divorce Code: November 30, 2009 ; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: January 8, 2010 4. Related claims pending: None. 5. Complete either (a) or b?. (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the prothonotary: January 8, 2010 Date defendant's Waiver of Notice was filed with the prothonotary: December 11. 2009 DATE: a 08 I v Andrew J. Bender, Esquire Attorney for Plaintiff PA Supreme Court ID # 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax 2 t ' STEVEN E. HURLEY, Plaintiff V. JULIE A. HURLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6518 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE The undersigned does hereby certify that on the date indicated a true and correct copy of the foregoing Praecipe to Transmit Record was served on the following by sending same via U.S. Mail postage pre-paid: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: 01/00110 ANDREW J. BENDER, ESQUIRE PA Supreme Court ID #205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax IN THE COURT OF COMMON PLEAS OF Steven E. Hurley CUMBERLAND COUNTY, PENNSYLVANIA V. Julie A. Hurley NO. 08-6518 DIVORCE DECREE AND NOW, a , it is ordered and decreed that Steven E. Hurley , plaintiff, and Julie A. Hurley , 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.") None. By the , Attest: J. Pro honotary l ? ?