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HomeMy WebLinkAbout09-0992J Edmund J. Berger Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 tberger@bergerlawfirm.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY STOREY Plaintiff V. Docket No. Oq - qq a o'--vi l lean OTTO JOHN STOREY, JR Defendant 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 at: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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 AVISO USTED HA SIDO EMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mcis adelente en [as siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso readicando personalmente o por medio de un abogado una comparecencia escrita y radicando en las Corte por escrito sus defenses de, y objecciones a, las demanda presntadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFOMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. 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 WENDY STOREY Plaintiff V. OTTO JOHN STOREY, JR Defendant Docket No. Q 4? fr y G )?+ COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Wendy Storey, who currently resides at 6 S. 16TH Street, Camp Hill, PA 17011. 2. Defendant is Otto John Storey, Jr. , who currently resides at 6 S. 16TH Street, Camp Hill, PA 17011. 3. Plaintiff has been a bona fide resident(s) in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 11, 1998 in Shelby County, Tennessee. 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. 8. Plaintiff requests the court to enter a decree of divorce. 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 18 Pa. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities. 4enVytorey ; Date: February 17, 2009 Edmund J. Berger Attorney for Plaintiff Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 ouej? 'CIP ttw? 25 r J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY STOREY Plaintiff . V. JOHN STOREY Tr. : Defendant Docket No. oq -- 9,9 a 0i w/ 7r.4m ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce Under Section 3301(c) of the Divorce Code. Date: /7 2009 Joh Stor y i! G OU7 { C OF THE": 2009 JUN 23 P 2: 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY STOREY Plaintiff v. d? JOHN STOREY l k. Defendant Docket No. v 4 - g Q & (24' -4"- l Feg'A? AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 18, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. 1 consent to the entry of a final decree of divorce. 4. 1 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. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Date: N 41A 17. ??DO 9 John for SETTLEMENT AGREEMENT Between Otto John Storey, Jr. and Wendy Storey AGREEMENT Page 1 This Agreement is made by and between Otto John Storey, Jr. of Cumberland County, Pennsylvania ("Husband") and Wendy Storey of Cumberland County, Pennsylvania ("Wife"). WITNESSETH WHEREAS, the parties hereto are husband and wife, having been married on April 11, 1998, in Shelby County, Tennessee; WHEREAS, there were two children born of the parties' marriage, Gretchen Storey, age 7, and Jacob Storey, age 5; WHEREAS, certain unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, that it is their intention to live separate and apart, that they are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: 1. The settling of all matters between them relating to the ownership of real and personal property including property heretofore or subsequently acquired by either party; 2. The settling of all disputes, rights and/or interests between them arising out of or by reason of their marriage including but not limited to the past, present and future support, alimony, counsel fees, costs or maintenance of Wife by Husband or of Husband by Wife; and 3. In general, the settling of any and all actual and possible claims by each party against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy 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. Advice of Counsel. The parties acknowledge that each is aware of his or her right to receive independent legal advice from counsel of his or her own selection. Although Otto John Storey Jr. is aware of his right to retain independent legal counsel, he has declined to retain such advice. 2. Familiarity With Each Other's Property Interests: Both Otto John Storey, Jr. and Wendy Storey represent that each is aware that they have they have the right to full disclosure of the other's respective financial situations, including his or her property, estate, assets, liabilities, income and expenses, that each is adequately familiar with the property, estate, assets, earnings and income of the other to make an informed decision with respect to this Agreement. 3. Voluntary Agreement Each of the parties acknowledges and agrees that this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 4. Definitions. (a) Divorce Code. The phrase "Divorce Code" shall be defined as 23 Pa. Cons. Stat. Ann. § 3101. (b) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they have each executed the Agreement on the same date, Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (c) Distribution Date. The phrase "distribution date" shall be defined as thirty- one days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the thirty-first day falls on a weekend or holiday, the distribution date shall be the next business day. 5. Effective Date of Agreement. This Agreement will become effective and binding upon both parties upon execution of this Agreement by both of them. 6. Effect of Divorce Decree—Incorporation, No Merger. The parties agree that unless otherwise specifically provided herein this Agreement shall continue in full force and effect after such time as a final decision in divorce may be entered with respect to the parties. Husband and Wife agree that the terms of this Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties and therefore Wife and Husband agree and each of the parties does hereby warrant and represent to the other that should either of them obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that party will take all reasonable steps to have this Agreement incorporated as part of any such decree, judgment or order. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. Nevertheless, it specifically is understood and agreed by and between the parties Page 3 hereto and each of the said parties does hereby warrant and represent to the other that should either of the parties obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, each of the parties agrees that all of the provisions of this Agreement shall not be affected in any way by any such separation or divorce, it being agreed by the parties that this Agreement shall continue in full force and effect after such time as a final decree of divorce may be entered and shall survive and not be merged into any such decree, judgment or order. 7. Effect on Divorce. The execution and delivery of this Agreement is not predicated upon nor made the subject of any agreement for the institution, prosecution, defense or for the non -prosecution or non-defense of any action for divorce. Nothing in this Agreement, however, shall prevent either Wife or Husband from prosecuting any other action for divorce, either absolute or otherwise, on lawful grounds if such grounds presently exist or may exist in the future or from defending any such action with such defenses as are presently or may in the future become available. Wife previously has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, No. 09-992 Civil Term seeking a divorce decree pursuant to, inter alia, § § 3301(c) of the Divorce Code. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions including executing the appropriate waivers of notice of the master's hearing, right to file exceptions, and right to file appeal) necessary to assure that a divorce pursuant to Section 3301(c) of the Divorce Code is entered as soon as possible, but in any event no later than 6 (six) months from the date of execution of this Agreement. To that end, the parties have executed and agree to promptly file the affidavits required to obtain a divorce pursuant to § 3301(c) of the Divorce Code. The parties further agree to take all legal steps necessary to assure that any pending petitions and actions (e.g., any other divorce that may have been filed), except for the aforesaid divorce action (to the extent necessary to obtain the divorce) are dismissed as soon as possible and that no similar actions are instituted. If, after the execution of this agreement, either party delays or contests the obtaining of a final, unappealed divorce decree, that party shall be fully responsible for all attorneys' fees, costs and/or expenses incurred as a result of such delay in obtaining the decree. 8. Effect of No Divorce. Except as otherwise provided for in this Agreement, this Agreement will remain in full force and effect even if no final decree in divorce is obtained. 9. Effect of Reconciliation or Reconciliation Attempt. This Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and to discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge that they have been fully informed and are fully acquainted with the legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party enters into this Agreement, and the terms of this Paragraph freely, voluntarily and with full knowledge and understanding. 10. Personal Rights. Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from any direct or indirect control, restraint, interference or authority, by the other and shall be treated in all respects as if they were unmarried. Except as otherwise provided for in this Agreement, each may reside at such place or places and with such other persons as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment and at such locations which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families, friends, colleagues, employers or employees of each other nor compel or attempt to compel by any means the other to cohabit or dwell in any manner whatsoever with him or her. The parties are free to make mutually and voluntarily any efforts at reconciliation as he, she or they may deem advisable. The foregoing provisions shall not be taken to be an admission on the part of either Wife or Husband of the lawfulness or unlawfulness of the causes leading to their living apart. 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 on the part of the other party which has occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date of execution of this Agreement. 11. Warranty of Disclosure. Husband and Wife represent and warrant that they have disclosed to each other the full extent of their assets, income and liabilities. Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 12. Child Custody. Wendy Storey and Otto John Storey Jr. will share joint legal and physical custody of their two children, Gretchen Storey, age 7, and Jacob Storey, age 5. 13. Equitable Distribution of Property. (a) Except as otherwise provided in this Agreement, Wife shall keep and retain sole ownership, control and enjoyment of all property transferred to her pursuant to this Agreement, all property identified in Exhibit "A" to this agreement as belonging to Wife, all real estate titled in her name, and all of the jewelry, clothes, furniture, automobiles and other personal property titled in her name or in her possession and all bank accounts, securities, insurance policies, pensions, capital accounts, financial interests, or other intangible property held in her name (provided that the existence and value of such property was disclosed to Husband prior to the date of execution of this Agreement), including all appreciation thereon and all increments in blue thereto, and all property acquired in exchange therefore, free and clear of Page 5 any claim, right or interest by Husband (including without limitation any claim or right to curtesy, or equitable distribution or other allocation or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or any other state) and she shall have the exclusive right to dispose of such property without interference or restraint to Husband (except as provided in this Agreement) as if the marriage had not taken place and she had remained unmarried. Wife shall keep Husband indemnified and held harmless from any liability, cost or expense, including attorneys' fees, which is incurred in connection with the interests and/or assets referred to in this Paragraph. (b) Except as otherwise provided in this Agreement, Husband shall keep and retain sole ownership, control and enjoyment of all property transferred to him pursuant to this Agreement, all property listed in Exhibit "B" to this Agreement as belonging to Husband, all real estate titled in his name, and all of the jewelry, clothes, furniture, automobiles and other personal property titled in his name or in his possession and all bank accounts, securities, insurance policies, pensions, financial interests, or other intangible property held in his name (provided that the existence and value of such property was disclosed to Wife prior to the date of execution of this Agreement), including all appreciation thereon and all increments in value thereto, and all property acquired in exchange therefore, free and clear of any claim, right or interest by Wife (including without limitation any claim or right to courtesy, or equitable distribution or other allocation or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or any other state) and he shall have the exclusive right to dispose of such property without interference or restraint by Wife (except as provided in this Agreement) as if the marriage had not taken place and he had remained unmarried. Husband shall keep Wife indemnified and held harmless from any liability, cost or expense, including attorneys' fees, which is incurred in connection with the interests and/or assets referred to in this Paragraph. (c) Except as otherwise provided in this Agreement, for and in consideration of the above, Husband or Wife agrees to and does hereby indemnify and hold forever harmless the said Wife, or Husband, his or her successors and assigns, heirs, executors and administrators against loss from any and all manner of actions, causes of actions, suits, debts, dues, sums of money, contracts, attorneys' fees or costs at law or in equity that may hereinafter at any time be made or brought against the said Wife or Husband by reason of any legal obligation or debt, mortgage, tax, claim, damage, bond, warrant, note, judgement guarantee, or surety, which he or she may have incurred by reason of his or her signing, co-signing, or guaranteeing any loan of Husband or Wife. (d) Taxes. Any capital gains or ordinary income tax imposed upon Otto John Storey, Jr. or Wendy Storey with respect to the foregoing equitable distribution of their property shall be paid by the party upon whom the tax is imposed. (e) Wife and Husband agree that the foregoing property dispositions constitute an equitable distribution of all of their property, pursuant to Section 401 of the Divorce Code, 23 Pa. Cons. Stat. Ann. § 3401. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. (f) After -Acquired Personal Property. 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 date of execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 13. Retirement Interests And Benefits: Husband has an interest in the existin • retirement plans (assets) described below: LT. Wife waives any and all right, title and interest to all existing and future retirement assets or benefits of Husband. Wife has an interest in the existing retirement plans (assets) described below: -j-t rDE:Li TV 7omm A -c4 __ Husband waives any and all right, title and interest to all existing and future retirement assets or benefits of Husband. 14. Alimony to be Paid to Wendy Storey. Otto John Storey Jr. will pay Wendy Storey alimony in the amount of $500 per month to be paid on the 15th of each month, starting in the month of July 2009. The monthly amount will be adjusted to $300 per month for July 2010. The monthly amount will be adjusted to $150 per month for July 2011. For July 2012, alimony payment will be terminated. All financial obligations undertaken by Husband in this Paragraph shall be binding upon his heirs, executors, administrators, successors and assigns and shall constitute a charge against Husband's estate. 15. Child Support. Otto John Storey Jr. will pay Wendy Storey child support in the amount of $1000 each month to be paid on the 15th of each month, starting for the month of July 2009. 16. Medical Insurance for Children. Otto John Storey Jr. will provide primary medical insurance for the two children. Medical expenses will be shared by Otto John Storey Jr. and Wendy Storey proportionally to their salaries. 17. Credit. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and Page 7 accounts for which that party is individually liable. 18. Counsel Fees. Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 19. Warranty as to Existing Obligations. During the course of the marriage, Wife and Husband have incurred certain liabilities and it is hereby agreed, without the necessity of ascertaining for what purpose and for whose use each of the bills was incurred, that of those liabilities that were incurred prior to the date of execution of this Agreement, Wife and Husband each covenants, represents, warrants and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, as of the date of execution of this Agreement, no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; and, if any such debts or obligations should be determined to have existed as of the date of execution of this Agreement, or thereafter, except as set forth below, the party who incurred that debt shall indemnify and hold the other party harmless for and against any loss or liability and costs or expense, including attorneys' fees, incurred as a result of those liabilities. It is hereby specifically agreed by and between the parties that Husband shall assume the responsibility for payment of the following debts incurred during the marriage: A70 N Husband warrants that the above -identified debts are the only debts of which he is aware or has been made aware of by Wife. To the extent other debts have been incurred during the marriage, Wife shall be deemed responsible unless she is able to show that Husband was aware of the debt at the time of execution of this Agreement. It is hereby specifically agreed by and between the parties that Wife shall assume the responsibility for payment of the following debts incurred during the marriage: Nom Wife warrants that the above -identified debts are the only debts of which she is aware or has been made aware of by Husband. To the extent other debts have been incurred during the marriage, Husband shall be deemed responsible unless she is able to show that Husband was aware of the debt at the time of execution of this Agreement. In the event that Wife or Husband does not pay when due any such bills, obligations or debts, the other party shall have the right but not the obligation to pay such bills, obligations or debts. If one party pays such bills, obligations or debts which the other party is obligated to pay pursuant to this Paragraph, after giving the defaulting party five days' written notice, the party making the payment shall be entitled to receive reimbursement from the other party not only for payments made, but also for any related costs, including counsel fees. 20. Warranty as to Future Obligations. Wife and Husband each covenants, represents, warrants, and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable, and each now and at all times hereafter shall indemnify and hold harmless the other party from and against any such liabilities, costs or expenses, including attorneys' fees, relating thereto incurred by the other party after the date of execution of this Agreement. 21. Mutual Releases. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claim in or against the property (including income, and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising (a) out of any former acts, contracts, engagements or liabilities of such other, (b) by way of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights, (c) as family exemption or similar allowance, or (d) under the intestate laws, the right to take against the spouse's will, 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 (i) Pennsylvania, (ii) any other State, Commonwealth or territory of the United States, or (iii) any other country. Except, and only except for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, the parties agree that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable distribution of property, alimony counsel fees and expenses, alimony pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. The parties further release and waive any rights which either party may have now or hereafter against the other including but not limited to claims for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including but not necessarily limited to equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, it is the intention of Wife and Husband to give to each other by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, whether real, personal or mixed, which the other now owns or may hereafter acquire. 22. Release of Testamentary Claims. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled hereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Wills under the present or future laws of any jurisdiction Page 9 whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real, or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other and that neither Husband nor Wife will claim against or contest the Will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 23. Mutual Waivers. Wife and Husband acknowledge that by this Agreement they each respectively have secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources for his or her comfort, maintenance and support according to the standard of living to which the party is accustomed. Therefore, except as provided for in this Agreement, Wife and Husband do hereby waive, release, and give up any rights that they may respectively have, either at the present or in the future, against the other for equitable distribution, alimony, support, maintenance, or for any other right resulting from their status as wife and husband. Wife and Husband agree that neither party may apply to any court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided for in this Agreement, it shall be the sole responsibility of Wife and Husband to sustain herself or himself without seeking any support from the other party from the date of execution of this Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 24. Waiver or Modification to be in Writing. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 25. Mutual Cooperation. Each party shall, at any time and from time to time hereafter, take any and all steps to execute, acknowledge and deliver to the other party any and all further instruments and/or (within at least fifteen days after demand therefore) documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 26. Notice Provisions. (a) Notice to Wife provided for in this Agreement shall be sent by certified mail, return receipt requested, to Wife at 6 S. 16th Street, Camp Hill, PA 17011, or such other address as Wife from time to time may designate in writing. (b) Notice to Husband provided for in this Agreement shall be sent by certified mail, return receipt requested, to Husband at 6 S. 16TH Street, Camp Hill, PA 17011, or such other address as Husband from time to time may designate in writing. 27. Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 28. Agreement Binding Upon and Benefiting Heirs. Except as specifically provided herein, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. Integration. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 30. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 31. Severability. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the Paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 32. Headings 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. 33. Death Prior to Divorce. If either Wife or Husband dies before the entry of a final decree in divorce between the parties then this Agreement shall be considered null and void and as though it had never been entered into, and the parties restored to the status that they had before this Agreement was entered into. 34. Counterparts. This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. 35. Ancillary Jurisdiction. The parties hereby agree that Husband shall obtain a form Page 11 of final decree in divorce which provides for the dissolution of the marriage, but which also reserves ancillary jurisdiction solely for the purpose of recording this Agreement as part of the Final Decree. The parties represent and warrant that, to the best of their knowledge, there are no actions, suits or proceedings pending or threatened against Husband, Wife and/or against the Matrimonial Estate or affecting any jointly held properties or rights, at law or in equity or before any Federal, State, Municipal or other Governmental agency or instrumentality, domestic or foreign, nor is Wife or Husband aware of any facts which to his or her knowledge might result in any such action, suit or proceeding. The Matrimonial Estate is not in default with respect to any order or decree of any court or of any such Govemmental agency or instrumentality. Should it become necessary for Husband or Wife to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at Wife's option, in accordance with the provisions of the Uniform Interstate Family Support Act, 23 Pa. Cons. Stat. Ann. § § 7101 to 7901. Should it become necessary for Wife to apply to any court for enforcement of the support requirements set forth in this Agreement, Husband hereby consents to the entry of any order required by any court or pursuant to the provisions of the Act and he will not oppose an application in reference thereto. Notwithstanding any provision in this Paragraph to the contrary, the parties agree that any action upon or arising out of this Agreement may be brought, that there shall be subject matter jurisdiction, and that venue for any such action will be proper, in the Court of Common Pleas for the County of Cumberland, Pennsylvania. The parties agree and consent that such Court shall have personal jurisdiction over him with respect to any such action and hereby irrevocably appoints any of the partners of the law firm of Berger Law Firm, P.C., or any successor firm, as his attorney, to accept service of any pleading or other documents which may be filed in any such action. However, Wife agrees to make all reasonable efforts to attempt to first serve such documents upon Edmund J. Berger, Esquire. Service of process upon each party shall be made by certified mail, return receipt requested, at the address noted for the parties in Paragraph 1 of this Agreement. Service may be made by regular mail only if the foregoing attempt to serve by certified mail is unsuccessful due to no fault of the party to this Agreement who is attempting to effect such service. 36. Default or Delay in Payments or Obligation Performance Under Agreement. In the event that either party defaults with respect to any payments to be made hereunder, or any obligation to be performed hereunder, the other party shall be able at his or her discretion to sue for performance or for damages for a breach of the Agreement. 37. Waiver of Liability. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any .part of this Agreement... �lT Page 13 38. Resolution of Disputes. In the event that the parties disagree or engage in a controversy on the interpretation of any provisions of this Agreement they agree to submit the dispute to binding arbitration by a single arbitrator of the American Arbitration Association of Philadelphia, Pennsylvania. The losing party shall bear the costs and reasonable counselor costs. IN WITNESS WHEREOF, the parties hereto have set their hands arli d sk-and year first above written. •'STATE ' P"� of TENNESSEE g. NOTARY sy. PUBLIC ..:*0 MY COMM I: ° r.;-:,teIRES: De 7� .0S1;� s 'STATE OF t :_ gid);:. PUBLIC day of v 5 f , 2009„ ��e1lY�ie, I ehnt` E4r)� MY COMMISSION EXPIRES: IIecombar 22, X009 7 ►J , residing in 4 el, -1,4-14 , personally appeared Wendy Storey known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes b�f,pp�tained. `\`�'�' TAT ��' �: IN WITNESS WHEREOF, I have I�er�nrto's my hand and official seal. TENNESSEE . PUBLIC .;�.' i��q /!1 ... MY COMMISSION EXPIRES: December 22, 2009 On this, the 3/ �t Notary Public for the F ry y '71-' ,2.aG ilq On this, the 31 day of Au s)st- , 29W, before me, a Notary Public for the $ /kV 7thiuss�- 2s44G , residing in 6-ckr.-,a•r44,./7) 7-4-) , personally appeared John Otto Storey, Jr. known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public 01111111/0pp��i STATE if OF TENNESSEE NOTARY .PUBLIC fonitimmo MY COMMISSION EXPIRES: December 22, 2009 Exhibit "A" Property of Wendy Storey 1-lo/0 DA Cp:V - 2,001 Tev (Do0LA jJeLEz\/— 12ouGS fru itu 4me73ts CzJ Exhibit "B" Property of Otto John Storey, Jr. 4--loNb/4- Ob'YaS .2.0o0 sokJ/ I v MoTOGUz_z-I 1_,04114,4-ivz_ /000 — Page 15 9U n2atorc yGle., OF PiE IOTA MW 2 91'"1"123- PM, 2: 00, `'§ it. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY STOREY Plaintiff V. 00 . JOHN STOREY 5r, Defendant Docket No. 0 9- 9 q2 &-1v1/ Y°X^ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Date: ?2?7 90 0 OF THE srL. a 1..,,F?Y 2069 lU.1123 PIM 2: 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY STOREY Plaintiff V. 0Fb JOHN STOREY S Defendant Docket No. Oq - 0961- - 6"1 / r " AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 18, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. 1 consent to the entry of a final decree of divorce. 4. 1 understand that t may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Date: 200q VVErDl- -Wendy Storey FILEQ- M9 RUIN 23 P i. 2: 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY STOREY Plaintiff V. OHO JOHN STOREY 73r- Defendant Docket No. O WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Date: 200? Wendy Store r, iW A LED OF THE TIPY 2009 JU",A 23 PH 2• J CV?.lYr • t ? '?.i 71 L?fT, N?.?jli? Edmund J. Berger Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 tberger@bergerlawfirm.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY STOREY Plaintiff V. OTTO JOHN STOREY, JR Defendant Docket No. 09-992 Civil Term PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the complaint: By acceptance of service filed on June 23. 2009. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By plaintiff: May 18, 2009 By defendant: May 19, 2009 4. Related claims pending: None. 4116 5. Date plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the prothonotary: June 23, 2009 Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the prothonotary: June 23, 2009 Dated: June 22, 2009 Edmund J. Berger Attorney for Plaintiff Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 tberger@bergerlawfirm.net 1, I '?'lv RLFC'^ i l- F ! OF THE ??i Tt' '' !??A,9Y 2009 JUN 23 PIN 2: 0 i