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HomeMy WebLinkAbout09-0447 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Larry Calvin Kerr Plaintiff Q 9- yy 1 c ~v; l ~f ~~ vs. No. Carol Lee Kerr Defendant 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, property or other rights important to you, including the right to demand marriage counseling. When the ground for divorce is indignities of irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the OfFce of the Prothonotary for Cumberland County: C.U Yh b ¢,r ~ A n ~ (vJ y h -} ~,, ~, iJU jrt.~ U ulcv ~. Goyr ~ 11 ~ ~~ ~- Ca ~~ ~~rlisl.~, T ~~ 11~~3 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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: Cumberland County Bar Association Lawyer Referral Service Adams Co., Gettysburg: (717) 334-6781 Allegheny Co., Pittsburgh: (412) 261-0518 Armstrong Co., Kittanning: 724-548-3251 Beaver Co., Beaver: (412) 728-4888 Bedford Co., Bedford: 814-623-4833 Berks Co., Reading: (610) 375-4591 Blair Co., Hollidaysburg: (814) 693-3090 Bradford Co., Towanda: (570) 265-1705 Bucks Co., Doylestown: (215) 348-9413 Lackawanna Co., Scranton: (570) 969-9600 Lancaster Co., Lancaster: (717) 393-0737 Lawrence Co., New Castle: (724) 656-2143 Lebanon Co., Lebanon: (717) 274-2801 Lehigh Co., Allentown: (610) 433-7094 Luzerne Co., Wilkes-Barre: (717) 822-6712 Lycoming Co., Williamsport: (570) 327-2251 McKean Co., Smethport: (814) 887-3270 Mercer Co., Mercer: (724) 342-3111 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWEN'T'Y (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IlvIPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1.800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Larry Calvin Kerr Plaintiff vs. No. y 7 .~ yc~7 G 4'/. ~ `~ e`M Carol Lee Kerr Defendant DIVORCE COMPLAINT UNDER SECTION 3301lc) OF THE DIVORCE CODE 1. The Plaintiff is Larry Calvin Kerr, who currently resides at 125 Sunset Drive, Mt. Holly Springs, Pennsylvania 17065. He has resided at this address at least since September 2003. 2. The Defendant is Carol Lee Kerr, who currently resides at 107 North Hanover Street, Apt. B, Carlisle, Pennsylvania 17013. She has resided at this address at least since May 2006. 3. Both the Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 29, 1984, at Bible Baptist Church, Uniontown, Pennsylvania, County of Fayette. 5. Neither the Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act of 2003 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, the Plaintiff intends to file an affidavit consenting to a divorce. The Plaintiff believes that the Defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, the Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §3301 (c) of the Divorce Code. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1}AND (3} and 3323(6) DIVORCE CODE 1. Paragraphs 1 through 10 are incorporated herein and made a part hereof by reference as though fully set forth. 2. The Plaintiff and Defendant have reached an agreement on issues including alimony, property division, child support and child custody. WHEREFORE, the Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the Plaintiff and Defendant into the final divorce decree, pursuant to Sections 3104(a) (1) and (3) and 3323(b) of the Divorce Code. I 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 78 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Larry Calvin Kerr . Plaintiff . . a'y-~y~ ~v, I vs. No. Carol Lee Kerr . Defendant . DIVORCE VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S., §4094, relating to unsworn falsification to authorities. Date Plaintiff ~~~ i ~ ,:: ~~ ~ ~ ~ .. :,~~ r,, ~ ~ ~c.. tz-- ~`-~ M ~~. C:.3 '~ "T MARITAL PROPERTY The Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number: 1 Description of Property: Names of All Owners: Date of Acquisition: House Larry Calvin Kerr 09/19/2003 Carol Lee Kerr Cost or Value as of Value as of Date of Date of Acquisition: Action Commenced $175,000.00 $230,000.00 Nature of Lien: Mortgage Effective Date of Lien 09/19/2003 Amount of All Liens: $154,600.00 Holder of Lien: Countrywide Home Loans ($132,000.00) Nature of Lien: Effective Date of Lien: Holder of Lien: Real Estate Equity 01/07/2005 PA State Employees' Loan Credit Union ($22,600.00) COUNSELING NOTICE UNDER Pa.R.C.P. RULE 1920.45(a)*(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301(a)(6) Indignities Section 3301 (c) Irretrievable Breakdown Mutual Consent Section 3301(d) Irretrievable Breakdown Two-Year Separation where the court determines that there is not a reasonable prospect of reconciliation. A list of qualified professionals is available for inspection in the Prothonotary Office of the Cumberland County court. `` -r ~- C~..V'' T h yU Cam. ,,Sc, (/Gtr Cr,r1~Sl.c~ ~ ~ [7Gl3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Larry Calvin Kerr Plaintiff vs. No. ~9` -77 7 CND Carol Lee Kerr Defendant DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Larry Calvin Kerr, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his or her own knowledge that the Defendant Carol Lee Kerr herein is not in the military service as defined in the Servicemembers Civil Relief Act of 2003 and its Amendments thereto, for the following reasons: At no time during our marriage have I ever witnessed my spouse report to or make contact with military personnel. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other person liable, primarily or secondarily, for a party in the military service. C ~~ I intiff IN WITNESS THEREOF, I have hereunto set my hand and seal. L Dated: ~ ~ 0 / ~ `1 ~~ ~v~/ NOTA PUBLIC COMMONWEALTH OF PENNSYLVANIA ~lpi~ri~! S~~I I.,arry L. R!!n;~~:~-~n, iv~t2ry Public South iJiit~iiicr~~ °i i:,t., Cumberland Courtty My COri~"ilfz.}i~;~ °:= ~:,;ires June 27, 2010 Member, PennsylWania Assooisfion of Notaries t-J ~ td") _ i t~__ `- C'u r -' rr --_ (.r ~.~~ _ :t ~ _ C •.. j~~ L 7_t ~''- _'j , '- C( ~, _ `: c:, ~V ~1 Case No. ~ / y ~"7 ~ G? ~l Duration of Marriage Years Married Check Appropriate Box Below <5 5-9 10-14 15-19 20-24 X 25-29 30+ Unknown G 9- yy7 ~~,, I -~e~~ Marital Separation and Property Settlement Agreement between Larry Calvin Kerr and Carol Lee Kerr AGREEMENT, made this ~ x day of January, 2009, between Larry Calvin Kerr (hereinafter referred to as Husband) and Carol Lee Kerr (hereinafter referred to as Wife). EXPLANATORY STATEMENT The parties were married in Uniontown, Pennsylvania, on September 29, 1984, in a religious ceremony. There are presently no minor children born of or adopted by said marriage. There is presently one adult child, born of or adopted by said marriage, who is or may be legally dependant upon the parties for care or support, namely, Randall Michael Kerr, born November 5, 1988. This includes, where applicable, all adult children who are over the age of 21 and have mental and/or physical disabilities. Differences have arisen between the parties. They are now, and have been since April 1, 2002, no longer living as Husband and Wife, living separate and apart, voluntarily and by mutual consent, with the purpose and intent of ending their marriage. It is the desire of both parties in this Agreement to determine, settle, and formalize their duties and obligations to each other and any issues regarding alimony, their respective rights in the property or estate of the other, and in property owned by them jointly or as tenants by the entireties and in marital property, and all other rights, claims, relationships or obligations between them arising out of their marriage or otherwise, and each parry having general knowledge of the properties owned by them separately and jointly and of their respective means, obligations and needs. NOW, THEREFORE, in consideration of the promises and mutual covenants and understandings of each of the parties, they each hereby mutually agree to the following: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The parties shall not molest or intertere with each other, nor shall either attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. Husband and Wife agree that the marriage is irretrievably broken and will proceed with divorce under 23 Pa. C.A. Section 3301(c) or (d), as appropriate. 2. CUSTODY AND VISITATION Custody and visitation are not relevant topics, as there are no minor children born of or adopted by said marriage. 3. SUPPORT AND MAINTENANCE OF THE ADULT DEPENDANT CHILD It is agreed that each party has sufficient financial resources for the support and maintenance of the adult dependant child and that, barring fundamental and unforeseen changes in either party's financial condition, no demand for regular child support payments will be made by either party upon the other. Page 1 of i~ 4. ALIMONY WAIVER. In consideration of the terms of this Agreement, the provisions contained herein for the respective benefit of the parties, and for other good and valuable consideration, the Husband hereby releases and discharges the Wife, absolutely and forever, from any claim or right to receive from the Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. The Husband acknowledges that this Paragraph has been explained to him and that he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself. The parties acknowledge that the Wife does not permanently waive any rights or claims to receive temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. PAYMENT. The Husband shall pay to the Wife as alimony the sum of Two Hundred Dollars and Zero Cents ($200.00) per month, in advance, commencing February 01, 2009, and continuing per month thereafter, as long as the parties shall remain separate and apart, until the first occurrence of: the death of the Husband, the death of the Wife, the remarriage of the Wife, or December 31, 2011. Said alimony payments shall be fixed in value. The payment value shall not be increased or decreased annually due to any percentage of increases in the Husband's salary from the previous year. For purposes of alimony, the parties shall not be required to share copies of current Federal tax returns each year. TAX CONSEQUENCES. It is the intention of the parties that for Federal, State, and local income tax purposes, the payments made in accordance with this Agreement shall neither be taxable as income to the Wife nor deductible by the Husband as alimony, maintenance, or spousal support. 5. MEDICAL INSURANCE GENERAL. Each party shall maintain their own medical insurance on their own behalf. Each party waives any interest they have in the other's medical insurance proceeds. The Husband shall solely bear the cost and responsibility to maintain major medical and hospitalization insurance for the benefit of the adult dependant child of the parties. The Husband shall pay one hundred percent (100%), and the Wife shall pay zero percent (0%), of all medical, dental, or orthodontia expenses for the benefit of the adult dependant child which are not covered by said insurance. This is to include all emergency medical treatment. TERMINATION. Obligations for insurance and uncovered expenses for each dependant child of the parties shall terminate when the child becomes independent or reaches twenty two (22) years of age, unless otherwise limited by law or available policies. Such obligations for each minor child shall also terminate as the child becomes emancipated (marries, or otherwise legally qualifies as an adult due to specific events identified by state laws). 6. DISPOSITION OF PROPERTY MARITAL REAL PROPERTY. The parties own as tenants by the entirety, in fee simple, the property known as 125 Sunset Drive, Mt. Holly Springs, Pennsylvania 17065, which is presently occupied by the Husband. It is the intention of the parties that the Husband shall be the sole owner of the marital home. Therefore, the parties agree as follows: The parties agree that the marital home is valued at approximately Two Hundred and Thirty Thousand Dollars and Zero Cents ($230,000.00), and that it currently holds two (2) liens, valued at approximately One Hundred and Fifty Four Thousand Six Hundred Dollars and Zero Cents ($154,600.00). Therefore, the parties agree that the current equity in the marital home is approximately Seventy Five Thousand Four Hundred Dollars and Zero Cents ($75,400.00). Page 2 of 9 The Wde shall immediately sign a Deed to the marital home deeding all of her interest in it to the Husband. Said Deed shall be prepared by the Wife or her attorney and the Wife shall bear the sole cost of preparation and recording of the Deed. The parties agree that this transfer of the real property is not a sale. The Husband will not provide any financial compensation to the Wife for this transfer. The Husband shall assume all responsibility and obligation for payment of any existing lien or mortgage on this property, unless specified elsewhere in this Agreement. If any existing lien or mortgage cannot, by structure or limitation of the lien or mortgage contract, be assumed solely by one party, the Husband and Wife will cooperate fully to re-finance all existing liens into the Husband's name only or to otherwise terminate any financial obligation of the Wife created by an existing lien or mortgage. At such time as the Husband may choose to sell or refinance said property, the proceeds of such shall first pay the costs of the transaction and all encumbrances and liens against said property. Following these deductions, the Husband shall receive one hundred percent (100%) of all remaining proceeds, and the Wife shall receive zero percent (0%). Similarly, in the event that such a sale or refinancing does not result in any net proceeds, that is, where the value of the property as specified within the sale or refinancing documents does not exceed the costs of the transaction combined with the value of all encumbrances and liens against said property which exist at that time, the parties agree that the financial responsibility for the payment of the remaining costs and balances shall be divided using the same proportions and terms. The responsibilities of the parties pertaining to capital gains taxes related to this property are specifically addressed elsewhere in this Agreement. The Husband shall be entitled to sole possession of said premises (rent-free). Expenses associated with the ownership and/or occupancy of the marital real estate shall include the mortgage, taxes, insurance, repair costs and every other cost associated with the maintenance of the property. During such time as the property is jointly-owned by the parties, the Husband's share of said expenses shall be one hundred percent (100%) and the Wfe's share of said expenses shall be zero percent (0%). A party's financial responsibility shall end when all of his or her ownership and/or property rights are lawfully transferred to another. When applicable, this Agreement acts as an authorization and directive to the settlement attorney to issue separate checks to the Wife and the Husband pursuant to the details of this section of this Agreement. PERSONAL PROPERTY. The parties agree with respect to their personal property as follows: The parties agree that the Husband shall have as his sole property any belongings he brought into the marriage. The parties agree that the Wife shall have as her sole property any belongings she brought into the marriage. Except where otherwise specified in this Agreement, the parties shall divide between them, to their mutual satisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other. COMMON FINANCIAL ASSETS. Except where otherwise specified in this Agreement, the parties shall divide all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, all mutual funds, and all other common financial assets which are legally marital property, whether titled in one or both parties' names. Once divided to the satisfaction of both parties, neither party shall make any claims on the other party's common financial assets, unless such claim can be reasonably considered appropriate compensation for the breach of some other clause of this Agreement, or unless such claim is proper pursuant to a separate amendment, contract, or legal action. Page 3 of 9 OTHER PROPERTY. The parties represent and acknowledge that there is no other property, real or personal, which is owned jointly or in which both have an interest, and hereafter neither party will make any claim to any item which is in the possession of the other. Each party shall own, have and enjoy independently of any claim or right or the other, all items of property, real or personal, of every kind now or hereafter owned or held by him or her with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 7. LIFE INSURANCE Each party shall have the right to name any person or organization they so choose as beneficiary on their life insurance policies. Each party waives any interest they have in the other party's life insurance proceeds, cash value, or otherwise. 8. RETIREMENT BENEFITS The Wife agrees to waive and release any rights or claims she may now have to any retirement pay, benefits or privileges eamed by the Husband before or during this marriage. The Husband agrees to waive and release any rights or claims he may now have to any retirement pay, benefits or privileges earned by the Wife before or during this marriage. The parties acknowledge that there are no Individual Retirement Accounts currently possessed by either party. The Husband and the Wife agree that if any payments are specified in this section, said payments will not be taxable to the receiving party, as the payment will be received as a division of marital property of the parties. Each party pledges to cooperate with the other to secure approval of or execution of any documents that are necessary to transfer pension, 401 (k) or IRA funds to the payee from the payor's accounts, if applicable. 9. ESTATE PLANNING INHERITANCE. The parties each forever waive atl rights to inherit from the other party and rights to receive any property on the death of the other party, except by reason of a will, codicil, or republication of will by the other party executed subsequent to this date. The parties each recognize that this waiver includes rights that they otherwise might have or acquire under 20 Pennsylvania Statutes 2203 et seq., any amendment thereof, or any successor statute. The foregoing, however, shall not bar a claim on the part of either party for any cause arising out of a breach of this Agreement during the lifetime of the deceased party against whose estate such claim may be made. ADMINISTRATION. The parties forever waive all rights to act as administrator of the other party's estate and all rights to request or petition for the appointment of any person to serve as such representative or to act as the executor of the other party's will, unless expressly named in a will, codicil, or republication of will by the other party, executed subsequent to this date or by reason of an insurance policy if specified within this Agreement. 10. DEBTS GENERAL. The parties agree that they will not incur or contract any debt in the name of the other, or on the credit of the other, and will not pledge the other's credit in any manner after the execution of this Agreement, and that each shall hereafter be responsible for his or her obligations, except as set forth in this Agreement. Immediately upon execution of this Agreement, each of the parties shall do whatever is necessary to close immediately all joint accounts in the name of the Husband and the Wfe or either of them under which one may make purchases on the credit of the other. Page 4 of 9 CREDIT HISTORY. The parties acknowledge and agree that the credit history established by them during their marriage shall be deemed to have been the credit history of both parties, notwithstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of the Husband only. The Husband agrees that he shall cooperate and execute any documents as may be required to enable the Wife to provide to her prospective creditors the full credit history of the parties during the marriage. Nothing in this Agreement is intended or shall be deemed to create any liability for the Husband of debts or obligations incurred by the Wife arising out of the credit information provided to her. INDEMNIFICATION. Except as otherwise specified herein, the parties agree that each will be responsible for his or her own debts and that neither will be responsible for the debts of the other. In the event that either party shall be called upon to answer for or to pay any debts or obligations of the other, then the Husband or the Wife, as the case may be, shall defend against the payment of such debt, and in the event the Husband or the Wife shall be required to pay, the opposite spouse shall exonerate and indemnify the Husband or the Wife against such debt, including all legal and proper costs, reasonable charges, and such damages as may have been caused by the failure to have paid such debt when due. COMPLIANCE. At the request of the other, the parties shall at any time, and from time to time hereafter, execute, acknowledge and deliver to the other party any further instruments and assurances that may be reasonably required for the purpose of giving full force and effect to the provisions of this Agreement. If either party shall fail to comply with the provisions of this paragraph, this Agreement shall constitute an actual grant, assignment, and conveyance of the property and rights in such manner and with such force and effect as shall be necessary to effectuate the terms of this Agreement. MUTUAL RELEASE. Except as otherwise provided by this Agreement, each party hereby covenants and agrees that he or she will not incur any debts, obligations, or liabilities on the other party's credit, nor do anything for which the other party might be legally liable or answerable. Each party covenants and warrants that there are no debts or obligations of any kind incurred by him or her and binding on the other party. Except as otherwise provided by this Agreement, all property and money received and retained by the parties pursuant hereto shall be the separate property of the respective parties, free and clear of any right, interest, or claim of the other party, and each party shall have the right to deal with and dispose of his or her separate property, both real or personal, as fully and effectively as if the parties had never been married. 11. MISCELLANEOUS PROVISIONS EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective as of the date it is executed by both parties. All agreements and representations of the Husband and the Wife shall be deemed to have been made as of this date. LEGAL REPRESENTATION The Husband and Wife each acknowledge that they have had the opportunity to retain counsel but have decided not to do so. The parties fully understand the facts and terms of this Agreement. Each party, whether or not represented by licensed legal counsel, enters freely and voluntarily into this Agreement. If after the final divorce judgment has been entered, either party shall default in the performance of any of the obligations of this Agreement, or of any order or judgment, the other party may take action to lawfully recover his or her reasonable attorney's fees and costs from the defaulting party or his or her estate. COSTS OF ENFORCEMENT The parties agree that any costs, including but not limited to counsel fees, court costs, investigation fees, and travel expense, incurred by a party in the successful enforcement of any of the agreements, covenants, or provisions of this Agreement, whether through litigation or other action to compel compliance herewith, shall be borne by the defaulting party. Any such costs incurred by a party in the Page 5 of 9 successful defense to any action for enforcement of any of the agreements, covenants, or provisions of this Agreement shall be borne by the party seeking to enforce compliance. TAX RETURNS AND REFUNDS The parties shall file separate Federal and state income tax returns for the taxable year 2008. The parties shall file separate Federal and state income tax returns for the taxable year 2009. If the parties agree to a joint filing for any taxable year, the Husband shall indemnify and hold harmless the Wife against all claims or loss, including reasonable attorney's fees, which the Wife may incur as a result of her agreement to file joint income tax returns with the Husband, and the Wife shall indemnify and hold harmless the Husband against all claims or loss, including reasonable attorney's fees, which the Husband may incur as a result of his agreement to file joint income tax returns with the Wife; the purpose of this paragraph being that each party shall pay for his or her own errors, omissions, or failure to report his or her income correctly. INTEREST DEDUCTIONS AND DEPRECIATION. At such time as the parties file separate Federal and State Income Tax returns and as long as they own any real property described in this Agreement, the Husband shall receive one hundred percent (100%) of the interest deductions and depreciation attendant thereto, and the Wife shall therefore receive zero percent (0%) of the interest and depreciation attendant thereto. CAPITAL GAINS. The parties acknowledge that they have not accrued any capital gains from the sale of any marital property during the previous tax year, or in the current tax year until the present, which have not yet been appropriately documented within State and Federal tax filings, as required by law. Other than any capital gains tax implications and responsibilities identified in Section 6 above, if future capital gains, associated with the sale or transfer of any marital property, are recognized, the parties agree that the Husband will pay one hundred percent (100%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion, and the Wife agrees to pay zero percent (0%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion. COOPERATION REGARDING CLAIMS AND DEFENSES. The Husband and the Wife each agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax return that was jointly filed or that should have been jointly filed. The party receiving such notice from a taxing authority shall provide a copy of the notice to the other party. The Husband and the Wife further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax returns filed (or to be filed) for the calendar year 2008 and years prior. This includes, without limitation, the making, executing, and filing of amended income tax returns; applications for refunds, protests, and other instruments; and documents as may be required. RELEASE OF GENERAL CLAIMS Except as expressly provided in this Agreement, each party hereby waives, releases, renounces and forever discharges all other claims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other or any present or future property of the other by reason of the marital relationship or any matter, thing or cause whatsoever. Nothing in this Paragraph shall be deemed to prevent either party from enforcing the terms of this Agreement or from asserting any rights or claims expressly reserved to either party in this Agreement. Nothing herein shall impair or waive any cause of action which either party may have against the other for dissolution of the marriage or any defenses either may have to any such cause of action. The parties, by execution of this Agreement, have provided for a fair and equitable distribution of all property belonging to the parties. AUTOMOBILE INSURANCE Each party shall be responsible for his or her own automobile insurance from the date of separation and Page 6 of 9 thereafter, with no contribution required from the other party. SOCIAL SECURITY AND OTHER BENEFITS Nothing in this Agreement shall constitute a waiver of either party's individual rights to receive Social Security or other governmental benefits (state, local and/or Federal) on his or her own account, as a widow, widower, or separated or divorced person, in consonance with applicable law. BINDING EFFECT This Agreement shall be binding upon the parties, their heirs, administrators, executors and assigns. SUCCESSIONS This Agreement shall inure to the benefit of the parties and their respective heirs, administrators, executors, successors, and assigns. GOVERNING LAW This Agreement shall be governed by the law of the Commonwealth of Pennsylvania. The Husband and the Wife consent to the jurisdiction of the Court of Common Pleas of the Commonwealth of Pennsylvania for the purposes of enforcing the elements of this Agreement. ENTIRE UNDERSTANDING This Agreement contains the entire understanding and agreement of the parties pertaining to these matters, and they shall not be bound by any representations, warranties, promises, covenants, or understandings other than those set forth herein. All prior agreements, understandings, or representations are hereby terminated and cancelled in their entirety and are of no further force. No amendment or modification of this Agreement or any judgment or order based on it shall be valid unless signed by the Husband and the Wife or ordered by the court after duly noticed hearing. RELIANCE ON MATERIAL REPRESENTATIONS The Husband and the Wife acknowledge that in entering into this Agreement, each has been induced to and is directly and materially relying in good faith on the truth and completeness of the representations and warranties expressly made by the other party to this Agreement. The parties have also either agreed to not exchange any financial statements and records, or upon agreement, have exchanged sworn Financial Disclosure Affidavits (Statements of Net Worth) and other financial data including, but not limited to, joint Federal and State Income Tax Returns, W-2 Wage and Tax statements, data regarding the benefits from employment, pension information, bank statements, checking account statements, and credit card bills, as well as other miscellaneous business and personal financial data. MODIFICATION The parties at any time may, by mutual consent, amend or modify the terms of this Agreement, provided that any modification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement. BREACH AND WAIVER Any waiver of any breach or default under this Agreement shall not be deemed a waiver of any subsequent breach or default. FURTHER ASSURANCES The Husband and the Wife shall each execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of these obligations. In the event that either party fails or refuses to comply with the provisions of this paragraph, the failing party shall reimburse the other party for att losses and expenses including, but not limited to, attorneys' fees and costs incurred as a result of such failure. SUBMISSION TO COURT This Agreement may be submitted by either party to any court before which a petition for the dissolution Page 7 of 9 of the marriage may be pending for approval by the court and for incorporation into the final judgment decreeing the dissolution of the marriage. SUBSEQUENT DIVORCE If any action for divorce is hereafter instituted by either party against the other, this Agreement may, if desired, be submitted to the Court in such action for approval and incorporation in a decree should one be granted; but this Agreement shall be independent of, not merged with, nor dependant for its effectiveness upon such approval or incorporation, nor be otherwise affected thereby. RELIGIOUS DIVORCE If requested by either party, the parties shall cooperate fully in obtaining a religious divorce. Each party shall cooperate in executing all documents reasonably necessary to obtain such a divorce. The parties shall be equally responsible for any additional costs which are a direct result of additional fees or processing, associated with any existing, reasonable religious divorce requirements. RECONCILIATION The parties recognize the possibility of reconciliation. It is their intention that a reconciliation, temporary or perrnanent, or a further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement having to do with the settlement and disposition of the property rights of the parties nor their respective real and personal property, as set forth herein. DISPUTE RESOLUTION The parties agree that every dispute or difference between them, arising under this Agreement, shall be settled first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner. The parties shall attempt to meet together as soon as reasonably practical. If the parties cannot resolve their dispute after conferring, either party may require the other party to submit the matter to non- binding mediation, utilizing the services of an impartial professional mediator approved by both parties. Such mediation shall occur as soon as reasonably practical and neither party shall unreasonably withhold its consent to the appointment of the mediator. The reasonable costs and expenses of the mediator shall be borne equally between the parties. In the event that a dispute between the parties cannot be resolved in the foregoing manner, each of the parties hereby waives its rights to a trial by jury in any action or proceeding arising out of in connection with or in any way pertaining to this Agreement. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such action or proceedings, including claims against parties who are not parties to this Agreement. This waiver is knowingly, willingly and voluntarily made by each party. NOTICES All written notices and demands that either of the parties gives to the other party in connection with this Agreement, or any to personal service, shall be made by mailing the notice or demand in a sealed envelope addressed to the party, with postage fully prepaid by certified mail, return receipt requested. Any service to the Husband shall be addressed to him at 125 Sunset Drive, Mt. Holly Springs, Pennsylvania 17065, or another address designated by him in writing to the Wife. Any service to be made on the Wife shall be addressed to her at 107 North Hanover Street, Apt. B, Carlisle, Pennsylvania 17013, or another address designated by her in writing to the Husband. Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have set their hands nd s~als to two cou terparts of this Agreement, each of which will constitute an original, this ',~, "~ day of ~ L 9 , 20~. Larry Calvin Kerr, Husband Witness Carol Lee Kerr, Wife Witnes COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ~ 1^~. b ~+' ~.. , SS.: ~ ~ ~ ~ '1 ~ x`14 ° a On tre ~ ~, day of J S~vµ- _, 20 G~`,_, before me, L~q- L ~/Jor~rsew , a notary public within an for the County and State aforesaid, persona ly appeared Larry Calvin Kerr, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Agreement he executed the same as his free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS EREOF I hereunto set my hand and official seal. ota ublic My commission expires on ~,' ~' .`, `b+h L.T~1 ~~ F'E~~RfV;;YLV1iPJ~,4 I~ _. tai,:..*~~ s~:~i ate' r a r ryr,,, r v:?l3-y ~L'b~IC ur nt?+:r~~n~ Coun .... ~ `•"i+~ IY3i}i8 ~', ~- ;oliaiGtl f)f h~18d'lts:2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF C"-^~ IJGr~~ , SS.: On t e ~ day of 4r,-w- _ 20~, before me, r- ~• a rt~/'sey/ a notary public within an for the County and State aforesaid, person ly appeared Carol Lee Kerr, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the Agreement she executed the same as her free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WFjfrREOF I hereunto set my hand and official seal. ~ei12y0Gyv- Notary~blic My co fission expires on -~ ..,;: BIZ">r~.('i ~....._..~____.y~RL fN ~~ f`catd~t Page 9 of 9 „P~,> ,,.~.~ „ r -~ ~vr~~~i,ra M~~bP37n11 '.: SSn , i ~., ~""PY7~-'°~i~fPl?' f,~ !! n ,~ •J "`~ ~",`~T10`~ of PVOtt~r~;~