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HomeMy WebLinkAbout09-4510SUSAN D. FINNEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. Oq - WSW O I V i l le-r"n'i DAVID H. FINNEY, : 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 AT THE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 SUSAN D. FINNEY, Plaintiff VS. DAVID H. FINNEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0'7- y,S/ 6 c T r? : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT DIVORCE UNDER §3301(c) or §3301(d) OF THE DIVORCE CODE 1. Plaintiff is Susan D. Finney, who currently resides at 131 South 18th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is David H. Finney, who current resides at 1702 Lincoln Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 16, 1995 in Boyertown, Pennsylvania. 5. There are three (3) minor children to the marriage: Madison T. Finney, born on October 1, 1998; Caitlin M. Finney, born on January 4, 2001; and Eris E. Finney, born on May 22, 2007. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, COLGAN MARZZACCO, LLC By: Timothy Col (quire Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Dated: 7--S--o Fax: (717) 502-5050 ? SUSAN D. FINNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. , NO. DAVID H. FINNEY, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I, Susan D. Finney, 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 herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities. Date: SUSAN D. FINNEY Plaintiff r... FILE 1 Ut F Tf-Ic I= 'f '`' ::"?PRY 0 C 2099 JUL -1 AM I I : 21 CUti 4 38. S o Pty ATV CC- %a5o et#' aa?t??q SUSAN D. FINNEY, Plaintiff VS. DAVID H. FINNEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4510 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of Plaintiffs Complaint in Divorce in the above-captioned matter filed on July 7, 2009, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Date: 2 David H. Finney 1702 Lincoln Drive Camp Hill, PA 17011 FILEC-:YFC OF THE PPOTH OTARY 2009JUL 20 Ph !: 4'I PENNSYLVANA SUSAN D. FINNEY, Plaintiff VS. DAVID H. FINNEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4510 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Jeanette L. Roberts, hereby certify that I am this day serving a copy of the Request for Production of Documents upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: David H. Finney 1702 Lincoln Drive Camp Hill, PA 17011 Date: Q 1- 1 By: in P:U- -6, L4, Je tte L. Roberts 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 502-5000 FrLEL' ,' Y ; F THE Fr ` TI t'o, -? fARY 2009 SE 23 Pig 2: 4 tji SUSAN D. FINNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS• DAVID H. FINNEY, Defendant NO. 09-4510 Civil Term CIVIL ACTION -LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this _~ ~~ b <- _:. ;.,' ~ _ _ - c~ ~ } ~_.;..{ T -. ~ = ~ _,~ ' -.~5 :,~ s-,-# it "G N -J .ems - day of MIr~,G,- , 2010, by and between DAVID H. FINNEY (hereinafter "HUSBAND") and SUSAN D. FINNEY (hereinafter "WIFE"): WITNESSETH: WHEREAS, the parties were married on December 16, 1995 in Boyertown, Pennsylvania and separated on June 7, 2009; WHEREAS, the parties are the parents of three (3) minor children, Madison T. Finney (born in 1998), Caitlin M. Finney (born in 2001) and Eris E. Finney (born in 2007); WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, 2 amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other 3 rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give 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, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed 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 division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: WIFE has been represented by Timothy J. Colgan, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with his counsel. This Agreement has been prepared by Timothy J. Colgan, Esquire, counsel for WIFE. At the commencement of and at all stages during the negotiations of this Agreement, HUSBAND has been informed that Timothy J. Colgan, Esquire has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel but at all times has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that 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 4 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. 9. 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 and 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. WIFE shall retain her GM credit card and shall be solely responsible for any balance thereon. WIFE agrees to indemnify HUSBAND and hold him harmless as to this card. HUSBAND shall retain his Capital One credit card and shall be solely responsible for any balance thereon. HUSBAND agrees to indemnify WIFE and hold her harmless as to this card. WIFE has student loans for which she shall be solely responsible. WIFE agrees to indemnify HUSBAND and hold him harmless with regard to her student loans. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and 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. 11. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is 5 in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 13. MOTOR VEHICLES: WIFE shall become the sole owner of the 2007 Nissan Quest and shall retain sole and exclusive possession of that vehicle. The vehicle is jointly titled in the names of HUSBAND and WIFE. WIFE is responsible for the vehicle distributed to her, including the payment of any lien, insurance, registration and maintenance and WIFE agrees to indemnify and hold HUSBAND harmless for failure to make payments thereon. Further, HUSBAND agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request by WIFE. HUSBAND shall retain sole and exclusive possession of the 2005 Nissan Pathfinder and shall retain sole and exclusive possession of that vehicle. The vehicle is titled in HUSBAND's name alone. HUSBAND is responsible for the vehicle distributed to him, including the payment of any lien, insurance, registration and maintenance and HUSBAND agrees to indemnify and hold WIFE harmless for failure to make payments thereon. Further, WIFE agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request by HUSBAND. 14. REAL ESTATE: The parties are the owners of real estate situate at 1702 Lincoln Drive, Camp Hill, Pennsylvania. HUSBAND shall retain sole and exclusive possession of the property. The property shall continue to be owned by the parties as Joint Tenants with Rights of Survivorship. WIFE shall have the right to enter the real property, including the home, upon reasonable notice to HUSBAND to inspect the property. Upon the death or relocation of HUSBAND'S mother, the property shall be listed for sale within 60 days of either of the aforesaid events. The parties shall mutually select the broker and shall 6 follow the broker's recommendation regarding list price and adjustments to the list price during the time of the listing. If the parties cannot agree on a broker, each shall select a broker and the two selected brokers shall confer and select a third broker who shall list the property for sale. The parties shall accept any qualified offer to purchase the property as recommended by their listing broker. Upon the sale of the property, WIFE shall receive one half of the Equity in the property. Equity is defined as the sale price less reasonable and customary costs of sale less the balance on the mortgage dated August 7, 2009 with M&T Bank with an original balance of $58,000.00. Should there be other liens, encumbrances, charges or other items of any nature that reduce the proceeds of sale, said amounts shall be paid from HUSBAND's proceeds of sale and in no way shall they reduce WIFE's Equity as defined herein. Should HUSBAND wish to retain the property upon his mother's death or relocation, he shall pay WIFE one half (1/2) of the Equity in the property within 90 days of the occurrence of HUSBAND's mother's death or relocation from the property. In this event., Equity shall be defined as the appraised value of the property less the balance on the mortgage dated August 7, 2009 with M&T Bank with an original balance of $58,000.00. In this event, the parties shall mutually select the appraiser. If the parties cannot agree on the appraiser, each shall select an appraiser and the two selected appraisers shall confer and select a third appraiser who shall appraise the property. 15. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS• The parties are each the owner of retirement benefits. HUSBAND has retirement benefits through Holy Spirit Hospital. WIFE has retirement benefits through TIAA-CREF as a result of her previous employment with Hershey Medical Center. WIFE also has retirement benefits as a result of her employment with Andrews and Patel. HUSBAND'S retirement benefits shall become his sole and separate property free of all claim of right, title or interest by WIFE. WIFE shall become the sole and separate owner of her retirement benefits, free of all claim of right, title or interest by HUSBAND. Both parties agree to sign any and all documentation required to give effect to this provision within ten (10) days of a request by the other party. 16. LIFE INSURANCE: The parties are the owners of two life insurance policies with 7 equivalent cash values. Each party shall retain sole ownership of the insurance policy in their individual name and shall make any beneficiary designation they deem appropriate. HUSBAND's policy is Nationwide No. 7770. WIFE's policy is Nationwide No. 7760. 17. HEALTH INSURANCE: Following the entry of a final decree in divorce, each party shall be responsible for their own health insurance coverage. 18. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 19. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 20. INCOME TAX: The parties have heretofore filed joint Federal, State and/or local income 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. 8 21. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce maybe entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each 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 such interests, rights and claims. 9 25. 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. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that maybe reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: 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. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said 10 asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and. executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ESS: G A/ CC Cr David H. Finney ~~ Susan D. Finney 11 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF Cc.~, d~ -~~ ~~ _ On this, ~~ day of ~ r , 2010, before me a Notary Public, personally appeared David H. Finney, know to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWF~TH OF PF.AIySYLVAN~ _+ UNDASANW NOWf-PubNc Camp FIN{ Boro, CurtrbaAs~nd County My Commission Expires Febniary 12,2013 Notary Pu lic COMMONWEALTH OF PENNSYLVANIA COUNTY OF C.t~.rn.~~'r ~~-~^-~ . SS. On this, the~~day of 0~' -C<rL~ , 2010, before me a Notary Public, personally appeared Susan D. Finney, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COf-~AONWEALTH OF p~ ~ vewa NOTARIAL 3EAl. ~ LNVDA SAWYEA, No1ery Public Callrp ti1tN eoro, CurrrbeAerrd ~ ~ Expires Februsty 12, 2013 Notary P ' blic 12