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HomeMy WebLinkAbout04-2215TRACEY BINNER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. .. DWlGHT D. BINNER : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIC10, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TRACEY BINNER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. : DWIGHT D. BINNER : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Tracey Binner, by and through her attorney, Patricia J. Romano, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Tracey Binner, is an adult individual who resides at 630 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043 2. The Defendant, Dwight D. Binner, is an adult individual who resides at 630 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 8/26/89. 5. Plaintiff avers that there is one minor child to the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about 5/12/04. COUNT I CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. Plaintiffdoes not have sufficient funds to support herself during the pendency of this action. 13. Defendant is well able to pay support to Plaintiff. 14. Plaintiff requests this Court to grant her alimony pendente lite. COUNT II CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 15. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff does not have a sufficient source of income or earning capacity at the present time to maintain the standard of living enjoyed by the parties during their marriage. 17. Defendant does have a sufficient source of income and earning capacity to aid Plaintiff in maintaining the standard of living enjoyed by the parties during their marriage. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. directing the Defendant to pay alimony pendente lite to Plaintiff; and c. granting alimony to Plaintiff; and d. for such further relief as the Court may determine to be equitable and just. Respectfully Submitted, Patricia J. Roma/6o, Egquire 4711 Locust La~ Harrisburg, PA ~7109 717-657-0632 Id. No, 88161 TRACEY BINNER, : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA _. v. :NO. ; DWIGHT D. BINNER, : CIVIL ACTION - LAW Defendant -..~ : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. TRACEY BINNER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-2215 : DWIGHT D. DINNER : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE l. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 5/17/04. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without formal notice of the intention to request entry ora Divorce Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 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.A. Section 4904 relating to unswom falsification to authorities. TRACEY BINNER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 04-2215 : DWIGHT D. BINNER : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 5/17/04. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a Divorce Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Date: d/i'lg~JOl'~ ~/~?~,*~ Dwight'D. Binner MARRIAGE SETT!,~MENT AGREEMENT THIS AGREEMENT is made and entered into between DWIGHT D. BINNER and TRACEY G. BINNER, hereinafter referred to as Husband and Wife. The parties were married on August 26, 1989, and there is one are child bom of their marriage, to wit, JACOB BINNER, born March 7, 1990. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will 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. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL REI.EASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from ali causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL I)ISCLOSUR~ The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of ail assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was represented by Patricia J. Romano, Esquire in reaching this Agreement, and Husband represent that he was not represented by counsel, even though he was advised to do so. Wife represents that the terms of this Agreement have been fully explained to her by her counsel. 5. EOUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each 3 knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforccability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the panics that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify thc financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 7. DIVISION OF PERSONAL PROPERTV Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband: 1999 Chevrolet Cavalier Wife: 1998 Dodge Caravan The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party. 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real property located at 630 Bosler Ave., Lemoyne, Pennsylvania, as tenants by the entireties. The parties will continue to hold the property, after the divorce, as joint tenants with rights of survivorship, until August 2008, when the minor child, Jacob, is emancipated. Husband and Wife hereby agree to cooperate in executing a deed or other instrument of conveyance necessary to effectuate sale of the property at this time or if Wife determines it is appropriate to sell the property at an earlier date or within six months after August 2008. The current equity in the home is $28,000. At the time the property is sold, Wife will covey $14,000 of the proceeds to Husband. The parties acknowledge that there is an existing mortgage against this property held by Wachovia Bank, in the amount of $56,000. Wife shall assume total liability for the mortgage. Wife shall hold Husband harmless and indemnify him from liability for this obligation and other obligations arising fi.om this property, including homeowners' insurance, property taxes, and maintenance. 11. PAYMENT OF SPECIFIF. I'} OBLIGATION?, The parties agree that there are no outstanding joint marital obligations that need to be paid by either party. 12. LEGAL FEES Each party shall pay his or her own attomeys fees. 13. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu ofand in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. 7 14. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment by the Commonwealth of Permsylvania in the amount of $8,350.00 and through Fidelity Advisors in the amount of $3,200.00, and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment by Messiah College in the amount orS11,734.52 and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each parties' marital claim. Further, Husband releases any claims or interest he may have in Wife's Wachovia IRA in the amount of $668.85, and her Sun Life Financial IRA in the amount of $35,803.57. 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties split the funds totaling $3,200.00 that they held in Wachovia Saving Account # 3082557805074. Wife's Prudential Life Insurance policies, with POD values totaling $70,000 shall be the sole and separate property of Wife. The parties believe and agree, and have been so advised by Wife's attorney, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. CHILDREN A. CUSTODY AND VISITATION - The parties shall share legal and physical custody of the child bom of this marriage. The child shall reside with MOTHER. Mother shall provide FATHER with information concerning J'acob's health, education and welfare on a regular basis and shall encourage Father to join in the decision making process as to the Jacob's schooling, medical care and other important issues associated with his life. Father shall be afforded partial custody under the following schedule: 1. Every other weekend Jacob shall be with his father from Saturday at 10:00 A.M. until Sunday at 6:00 P.M. 2. The following holidays shall be rotated between Wife and Husband: Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Eve and Christmas Day. 3. Jacob's birthday shall be rotated between Wife and Husband. 4. Wife shall have Jacob on Wife's birthday and on Mother's Day and Husband shall have Jacob on Husband's birthday and on Father's Day. 5. Husband shall have the child for two (2) consecutive weeks vacation each summer. Husband agrees to provide Wife with Thirty (30) days notice of his intention to exercise this provision. B. MAKE-UP TIME- The parties recognize that there may be circumstances from time to time which may prevent the exercise of custody at the agreed dates and times. To that end, the parties agree that each will give timely and reasonable notice to the other of the existence of such circumstances and will permit the other a reasonable period in which to enjoy time with the child to make-up for these lost periods. l0 C. ILLNESS OF CHILD - In the event of any serious illness of the child at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the said child. The word "illness as used herein shall mean any disability which confines the child to bed under the direction of a licensed physician for a period in excess of forty-eight (48) hours. D. BEST INTEREST OF CHILD - The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall do anything which may estrange the child from the other party, or injure the child's opinion as to his mother or father, or which may hamper the free and natural development of the child's love and respect for the other party. 17. CHILD SUPPORT Child support shall be paid by Husband to Wife in accordance with the ORDER OF COURT dated July 30, 2004, Order Number 00536 S 2004. Wife shall be entitled to claim Jacob as a dependent on her income tax returns for 2004 and for all future years. Husband agrees to execute any and all documents necessary for these dependency deductions. 11 18. HEALTH INSURANCE - CHILI~REN Wife agrees to provide health insurance for the child for so long as it is available to her at no or minimal cost by her employer. If said insurance becomes unavailable to Wife and Husband has entitlement to insurance which can be provided to him at no or minimal cost, said insurance will be furnished by Husband. In the event that neither Husband nor Wife have insurance furnished to them by their employer, at no or minimal cost, then the cost of insurance shall be borne such that fifty percent (50%) shall be allocated to Husband and fifty percent (50%) shall be allocated to Wife. 19. MISCELI.ANEOUS PROVISIONS - CHILnREN A. College - Husband and Wife agree to participate in the payment of undergraduate or equivalent higher educational expenses for the children. The calculation of obligations shall be proportional based upon Husband's income and Wife's income at the time the children's needs are ascertained. B. Extraordinary Medical Expenses - All extraordinary medical expenses (those not covered by insurance) shall be split equally by Husband and Wife. Husband agrees to reimburse these expenses to Wife on a quarterly basis upon Wife supplying to Husband proof of said expenses. C. Estates - Husband and Wife both agree and acknowledge that they have 12 financial responsibility towards the support of their minor child. In considering that obligation, Husband and Wife agree as/eollows: I. Husband has provided a $74,000 life insurance policy with Safeco America States Life Insurance Company that is made payable at his death to be used to pay one half any amount then remaining on the mortgage on the Bosler Ave. residence, and one half the amount remaining for the benefit of Jacob Binner. This benefit shall be made payable in such a way that income and principle may be used for the support of the child throughout his minority and shall be distributed to him at his majority or at a later date, as determined in the sole discretion of Husband. 20. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 13 B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified fi.om all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. 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 his or her 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. D. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F. 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. G. MUTUAL COOPERATION - Each party shall, at any time and fi.om time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT- Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. 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 enfome 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 15 performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT- Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Permsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and e/aims. M. ATTORNEY'S FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ~day of ,~ , 2004, at Harrisburg, Pennsylvania. In the presence of: WITNL~S - Dwigl}t~. Binner ' 17 TRACEY BINNER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : NO. 04-2215 : DWIGHT D. BINNER : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Patricia J. Romano, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 22nd day of May ,2004, she did serve upon, Dwight D. Binner. the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending a copy by First Class Mail, certified/restricted delivery, postage pre-paid, to the Defendant. The "green card" of service for said Complaint is attached. Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from thc date of service or the matter would proceed without him. Sworn to and subscribed before me this (~'~lay of~, 2004. KATHERINE A. FREY, NO'TAIW PUBtIC LOWER PAXTON TWR, DAUPHIN COUN~f MY COMMISSION EXPIRES SEPT. 2. 2006 , -N6tary Public ~.J By: ,~ ~ ~'~,,. Patrici~ J. Romano. ~ nir~ 4711 Locust Lane Harrisburg, PA 1710'9 (717) 657-0632 Id. No. 88161 Dwight D. Binner 630 Bosler Avenue Lemoyne, PA 17043 0004 2291 0223 TRACEY BINNER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : NO. 04-2215 : DWIGHT D. BINNER : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORB To the Prothonotary: 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) of the Divorce Code. 2. Date and manner of service of the complaint: May 22. 2004: Certified/ Restricted Deliv . 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, 9/2/04 ; by Defendant, 9/2/04 (b)(l) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the affidavit upon the respondent: N/A. 4. Related claims pending: All claims were resolved by Marriage Settleme.l A~reement dated 8/15/04 5. Complete either (a) or (b). (a) Date and manner of service of the Notice oflntention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary:. 9/13/04 Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: 9/13/04 By: I c~ ,'x,'Vot'a./A y. Patricia J. Rog(J~no,~ Esqhi~ 4711 Locust ~l.~ne Harrisburg, PA 17109 (717) 657-0632 Id. No. 88161 Attorney for Plaintiff Dated: 9/16/04 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE Of ~ PENNA. TRACEY BINNER, Plaintiff NO. 04-2215 VERSUS DWIGf{T D. BINNER, Defendant DECREE iN DIVORCE AND NOW,_ .~?,~.~ --L/~ , 2004 , It I$ ORDERED AND DECREED THAT Tracey I~inner , PLAINTIFF, AND Dwight D. Binner __, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of REC~ ,I~D IN This ACTION FOR WHICH A FINAL ORDER HAS NOT The at~ach~d Marriage R~el~m~ne hereby incorporated but not merge~~orc~ecreoj' ~TTE P~OTHONOTA~Y