Loading...
HomeMy WebLinkAbout09-4927Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 (717)761-1274 Attorney for Plaintiff KIMBERLY A. KENNERLY, Plaintiff V. DAVID G. KENNERLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D - q 9-2 7 et-n- CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6100 Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 (717)761-1274 Attorney for Plaintiff KIMBERLY A. KENNERLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID G. KENNERLY, Defendant NO. CIVIL ACTION - LAW IN DIVORCE AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro do veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia escrita en persona o por abogado y presenter en la Core por escrito sus defenses o sus objeciones a law demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualgiuer dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTANTESPARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6100 Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 (717)761-1274 Attorney for Plaintiff KIMBERLY A. KENNERLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID G. KENNERLY, Defendant NO. 09/- q9;.77 Ct;d- 7,e-- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this Or day of , 2009, comes the Plaintiff, Kimberly A. Kennerly, by and thro gh her attorney, Cindy L. Hribal, Esq., ofCarrucoli & Associates, P.C., and files this Complaint in Divorce of which the following is a statement: Plaintiff is Kimberly A. Kennerly, who currently has a mailing address of 6307 Valleybrook Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is David G. Kennerly, who currently resides at 6307 Valleybrook Drive, Mechanicsburg, Cumberland County, Pennsyvlania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 26, 1996, in Camp Hill, Pennsylvania. Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 (717)761-1274 Attorney for Plaintiff 5. There have been no prior actions of divorce or for annulment between the parties. 6. There have been three children born of the marriage: Payton D. Kennerly, born December 5, 1995 Jackson C. Kennerly, born July 6, 1998 Zoe R. Kennerly, born March 26, 2001 6. Plaintiff avers that 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 such counseling. 8. Plaintiff does not request counseling, pursuant to §§3301(c) of the Divorce Code. 9. Neither party in this action is a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. Respectfully submitted, By; ?up. V. 202325 arru i & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 (717)761-1274 Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 (717)761-1274 Attorney for Plaintiff VERIFICATION I, Kimberly A. Kennerly, verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: 7 13. Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 (717)761-1274 Attorney for Plaintiff KIMBERLY A. KENNERLY, Plaintiff V. DAVID G. KENNERLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esq., counsel for Plaintiff hereby certify that a copy of the Complaint for Divorce, directed to Defendant, was served upon Defendant by personal service. Carrucoli & Associates, P.C. 875 Market Street Suite 100 Lemoyne, PA 17043 (717)761-1274 C(4) OF ;TAW 2099 JUL 22 ? 10 3 ? F YUNTY 'r33 8. o'a ,- jo.97 ?,. as 8 a ?o ..~ KIMBERLY A. KENNERLY, : IN THE COURT O~ COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -- LAW IN DIVORCE DAVID G. KENNERLY, o ~_ . Defendant : NO.09 - 4927 ~ ~ ` -a PRAECIPE TO WITHDRAW APPEARANCE ~! C3 3 .~ To the Prothonotary: ~ tv rv Please withdraw the appearance of Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire and Beckley & Madden, of Counsel, on behalf of the Defendant, David G. Kennerly, in the above-captioned matter. DATED: ~~1~o1U Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 iz eth S. e i har es O. Beckley, I , Esqu' PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of David G. Kennerly on behalf of himself, Pro Se, the Defendant in the above-captioned matter. Q~ ~ f DATED: C~ ~.~{ ~l~ David G. Kennerly 205 Winding Way Camp Hill, PA 17011 ..i ,, CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Susan K. Pickford, Esquire Carrucoli & Associates Attorneys At Law 875 Market Street Suite 100 Lemoyne, PA 17043 DATED:~~ J(J ww izab KIMBERLY A. KENNERLY JN THE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY,PENNSYLVANIA V. DAVID G. KENNERLY, DEFENDANT. NO. 2009 CV 4927 CIVIL TERM : DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on July 22, 2009 and served on July 22, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: DAVID G. KENNE - a 'ter" s? ? -, .. s YJMBERLY A. KENNERLY JN THE COURT OF COMMON PLEAS OF PLAINTIFF, :CUMBERLAND COUNTY,PENNSYLVANIA V. DAVID G. KENNERLY, DEFENDANT. NO. 2009 CV 4927 CIVIL TERM DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on July 22, 2009 and served on July 22, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date:))-lb -10 rr, C. ) : r M c? 7 7 N e KIlVIBERLY A. KENNERLY PLAINTIFF, V. DAVID G. KENNERLY, DEFENDANT. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY,PENNSYLVANIA :NO. 2009 CV 4927 CIVIL TERM DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: G. KENNE DAVID -TJ b s -w 0 -am 7 0 . CD KIMBERLY A- KENNERLY PLAINTIFF, V. DAVID G. KENNI• RLY, DEFENDANT. JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY,PENNSYLVANIA :NO. 2009 CV 4927 CIVIL TERM : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date? ? - 6 - 10 9°x+7 r.,?1 - CD (- D 77 V w gry a?Opt - u qa-7 FIL D-O FICE ., rTE' u [ it Ri MARITAL SETTLEAIWq ?I ?[ i..?i?6vFi t_F e. ?e1 VL+'ig5 i 1. INTRODUCTORY PROVISION ' E t, "! ?'' " This Agreement is made by and between Kimberly Kennedy ofDauphin County, Pennsylvania ('Wife") and David Kennerly of Cumberland County, Pennsylvania ("Husband"). 2. WHEREAS, the parties hereto are Husband and Wife, having been married on October 26, 1996, in Cumberland County, Pennsylvania; WHEREAS, there were three children born of the parties' marriage, WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to: (1) the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; b) the ownership of all assets and responsibility of all debts of whatever nature, including assets acquired by, and debts incurred by either party prior to or subsequent to the date of execution of this Agreement. 3. CONSIDERATION 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 ofwhich is hereby acknowledged by each ofthe parties, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: 4. ADVICE OF COUNSEL Husband is currently not represented by counsel but has previously had benefit of counsel by Elizabeth Beckley, Esq. in this case. Wife is represented by Susan K. Pickford, Esquire, 875 Market Street, Lemoyne, Pennsylvania, 17043. Both parties acknowledge that they are familiar with and fully understand the relevant law and relevant facts, including the assets, liabilities, income and expenses of the other party, and that each is fully aware of his or her rights and obligations. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than provided for in this Agreement. Not withstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties fiuther acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 5. DEFINITIONS 5.1. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et. seq. (effective March 19, 1991). 5.2. Date of Execution of This Agreement. The phrase "date of execution" or execution date" of this Agreement shall be defined as the date that the last party signs this Agreement. 5.3. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. Referenced to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.4. Asset. The word "Asset" shall be defined as anything ofvalue, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.5. Effective Date of Agreement. This Agreement shall become effective and binding upon parties on the execution date of this Agreement. 6. EFFECT OF DIVORCE DECREE This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction; it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. Therefore, should either party obtain an order of separation or divorce in any jurisdiction, that party shall take all reasonable steps to have this Agreement incorporated for enforcement purposes only, but not merged as part of any such order. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non- reaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). 2 7. EFFECT ON DIVORCE 7.1. Husband agrees to immediately sign all documents necessary to finalize the divorce action pursuant to Section 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievable broken and they do not desire marital counseling. 7.2. Responsibility for Proceeding With Divorce. Wife shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents and costs necessary to obtain the divorce decree. 7.3. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties, except for the divorce action referred to in Paragraph 7.1 of this Agreement (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 7.4. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappeased divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 8. PERSONAL RIGHTS Each party shall be free from any direct or indirect interference by the other in his or her personal and business activities as of the date of execution of this Agreement. The parties shall not interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of each other. Neither party shall enter the residence of the other party without the express prior permission of the other party. 9. WARRANTY OF DISCLOSURE Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets, liabilities and income valued as of the date of separation of the parties, and, as of the date of execution of this Agreement, that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. The parties acknowledge that: a) no formal appraisals have been conducted and that the 3 values assigned to the assets merely are the good faith estimates of current fair market valuelbook value by the parties themselves and that the values ascribed to the assets might be very different if other methods of valuation were utilized; b) the parties assign very different values to many of the assets; and c) they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of documents, inspections, interrogatories, depositions or otherwise. Notwithstanding the foregoing, any further disclosure and any further statement in this Agreement regarding disclosure, is specifically waived and each party waives any right which he or she may have to receive such additional disclosure or to challenge the validity of this Agreement on the grounds that he or she did not pursue additional disclosure. 10. EQUITABLE DISTRIBUTION OF ASSETS 10.1. Real Property. 10.1.1a. Marital Residence Wife and Husband hold title as tenants by the entireties to the premises identified as 6307 Valleybrook Drive, Cumberland County, Pennsylvania, 17050, (the "Marital Premises"). The parties agree as follows with respect to the Marital Premises: (1) Wife will immediately sign over all interest in the marital home to Husband. (2) Husband will hold Wife harmless from any and all debt and liability associated with the possession, sale or foreclosure of said property including any and all liens against said property. 10.1.1b. Investment P_pgWes During the marriage, Husband, individually held title to various investment properties including but not limited to the following: (1) 814 Bridge Street, New Cumberland (2) 215 Muench Street, Harrisburg (3) 5 Wayne Avenue, Camp Hill (4) 875 Market Street, Lemoyne (5) Jackson's Junction, owned by DADOJO, LLC (6) 1427 Bridge Street, New Cumberland (7) 517 Hogestown Road, Mechanicsburg Wife agrees to relinquish any and all interest in the proceeds from or equity in these properties. Husband agrees to hold Wife harmless from any and all debt obligations and liability associated with each of these properties including but not limited to any and all liens, mortgages, taxes against said properties. 4 10.1.2. Personal Property As of the date of execution of this Agreement, each parry shall set over, transfer and assign to the other party all of his or her right, title, claim and/or interest in and to all of the personal property in the control of or possession of the other parry, including, but not limited to, all furniture, furnishings, household appliances and equipment, art work and jewelry. 10.1.3. Retirement Funds and Savinsts a. Each party shall retain all right, title and interest in their individually-owned retirement funds. b. Wife shall retain right, title and interest to the savings account she accumulated totaling $43,000.00. C. Wife shall reimburse Husband $10,000 from this account upon signing of all necessary Divorce papers. d. Husband shall retain right, title and interest to the joint savings account he took possession of totaling $28,000. e. Wife shall relinquish any interest in or demand for equitable distribution of Husband's 401K which exceeded $50,000 and was liquidated for his personal use during the marriage. 10.1.5. Motor Vehicles. Commencing on the date of execution of this Agreement, Husband and Wife shall retain possession of, and responsibility for, the vehicles in their possession at the time of this agreement. Each party shall execute all required documents to transfer title in all vehicles to the other party. Except as otherwise provided for in this Agreement, from the date of this Agreement, each party having title to the automobiles, shall be solely responsible for all expenses associated with the automobile, including, but not limited to, any sales or other taxes relating to the transfer, insurance, maintenance, gasoline, and liens and/or loans. Except to the extern that the foregoing representation is false, each party shall be solely liable and shall keep the other party exonerated and indemnified against and held harmless from any past, present or future liability, including reasonable counsel fees and increased insurance premiums as a result of any accidents major claims in which the other parry was involved. The other parry shall keep the party who has title to the automobiles exonerated and indemnified against and held harmless from any such increased insurance premium. 10.2. Debt Obligations. We assumes responsibility for all credit card debt in her name with the exception of the Best Buy and Circuit City credit cards which were acquired and accessed for purposes of providing electronic equipment to Husband's business known as Jackson's Junction. Husband represents that the debt on the Best Buy and Circuit Cite cards have been paid in full. Husband shall assume responsibility for the total due on any and all credit cards in his name. Husband shall hold wife harmless with regard to any and all obligations incurred by 5 him in association with his business ventures and real estate acquisitions. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. Husband shall hold wife harmless for any and all tax debt, state or federal, incurred during the marriage while Husband was responsible for the preparation and filing of the marital tax returns. 10.3. Other Property. Except as otherwise provided for in this Agreement, each party shall keep and retain sole ownership, control and enjoyment of all assets retained by him or her, transferred to him or her pursuant to the terms of this Agreement, tided in his or her name or in his or her possession or control as of the date of execution of this Agreement, including all appreciation on those assets and all increments in value in those assets, and all assets acquired in exchange for those assets, free and clear of any claim, right or interest by the other party (including, without limitation, any claim or right to dower, curtesy, equitable distribution or other allocation or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or any other jurisdiction) and each party shall have the exclusive right to dispose of such assets without interference or restraint by the other (except as otherwise provided for in this Agreement) as if the marriage had not taken place and he or she had remained unmarried. Except as otherwise provided in this Agreement, the party having ownership or possession of an asset pursuant to the terms of this Agreement shall keep the other party indemnified against and held harmless from any liability or expense, including reasonable counsel fees, which is incurred in connection with such asset. Notwithstanding the foregoing or anything else in this Agreement to the contrary, Husband shall indemnify Wife against and hold her harmless from any tax consequences arising from the ownership of the assets he will be retaining pursuant to the terms of this Agreement, due to events prior to the date of the transfer of those assets. 10.4. Liens. Each of the parties represents and warrants that he or she has not placed, nor caused to be placed, nor is aware of any liens, encumbrances, easements or any other restrictions of record relating to the assets which shall be the property of the other party pursuant to this Agreement and which shall exist as of the date of execution of this Agreement. If, notwithstanding one of the parties' representation and/or warranty to the contrary, any such lien, encumbrance, easement or any other restriction of record has been placed on the assets which shall be the property of the other party pursuant to this Agreement as a result of the action or inaction of the party not receiving the asset as his or her property, then that party shall exonerate and indemnify the party receiving the asset as his or her property against and hold him or her harmless from any liability and/or expense, including reasonable counsel fees, which is incurred in connection with such lien, encumbrance, easement or other restriction of record relating to the asset involved. 10.5. Indemnification. From the date the tide of a particular asset was or is transferred and except as otherwise provided for in this Agreement, the party who has title to an asset pursuant to the terms of this Agreement shall be solely responsible for all past, present and future expenses or liabilities attributable to and/or resulting from either party's interests in that asset, and/or by reason of 6 the other party's former ownership thereot including, if applicable, any tax consequences, mortgages, liens of any nature, real estate taxes, water and sewer rents, utility services, homeowner's insurance, gardening expenses, minor and major repairs, and routine maintenance and that party shall keep the other party exonerated and indemnified against and held harmless from any liability and/or expense, including reasonable counsel fees, which is incurred in connection with such asset or resulting from the other party's prior ownership interest in that asset. Notwithstanding the foregoing, if the parties file separate returns for the calendar year during which the date of execution of this Agreement occurs: 1) Each party shall be solely responsible for reporting all taxable income received and shall be solely entitled to receive all deductions available for periods prior to the date of execution of this Agreement on all assets titled in his or her name or titled jointly with Husband or Wife; and 2) regardless of when any transfer in actual title shall be made, each party shall be solely responsible for all such tax consequences as of the date of execution of this Agreement relating to any assets which he or she shall have or retain title to pursuant to the terms of this Agreement and one-half of all such taxable income and deductions for all assets which remain titled in joint names. 11. WAIVER OF ALIMONY Including the benefits provided for in this Agreement, Husband and Wife each have sufficient property and/or income to provide for his or her reasonable needs. Therefore, notwithstanding any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth in this Agreement, Wife and Husband expressly waive, discharge and release any and all rights or claims which he or she may have, now or hereafter, by reason of the parties' marriage, to alimony, alimony pendente lite, support, maintenance and/or any other such benefits resulting from the parties' status as husband and wife. 12. CREDIT Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 13. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS During the course of the marriage, Wife and Husband have incurred certain liabilities. Each party represents, covenants and warrants that, to the best of his or her knowledge and except as specifically otherwise provided for by the terms of this Agreement, as of the date of execution of this Agreement: a) 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, b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife or affecting any jointly held properties or rights, at law or m equity or before any federal, state, municipal or other governmental agency, nor is Wife or Husband aware of any facts which to his or her knowledge might result in any such action, suit or 7 proceeding; c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the party who incurred that debt shall exonerate and indemnify the other party against and hold the other party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and d) he or she shall not incur any liability whatsoever in the firture for which the other party or the estate ofthe other party may be liable, and shall exonerate and indemnify the other party against and hold the other party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other party. 14. RELEASE OF TESTAMENTARY CLAIMS Except as specifically provided for in this Agreement: a) each of the parties shall have the right to dispose of his or her property by last Will, or otherwise, as he or she chooses, without any claim by the other party; b) the estate of each of the parties, of whatever nature, shall belong to whoever would have been entitled to it, as if the decedent had been the last to die; c) each party shall permit any Will of the other to be probated and allow administration upon his or her estate of whatever nature to be taken out by whoever would have been entitled to do so had Husband or Wife died during the lifetime of the other; d) neither Husband nor Wife shall claim against or contest the Will and/or the estate of the other, and e) each of the parties covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 15. MUTUAL WAIVERS AND RELEASES 17.1. Except as specifically provided for in this Agreement, this Agreement constitutes a full and final resolution of any and all claims which each of the parties ever had, have or may have in the future against the other party and/or the estate of the other party, including, but not necessarily resulting from, their status as Husband and Wife. Therefore, except for all rights and obligations specifically arising under this Agreement, the parties each do, for themselves and for their heirs, executors, administrators, successors, and agents, hereby mutually waive, remise, release, quitclaim and forever discharge the other party and the heirs, executors, administrators, successors and agents of the other party, for all time to come and for all purposes whatsoever, of and from any and all right, title, interest, cause of action and/or claim in or against the other (except for divorce), or the assets of the other, or against the estate of the other, of whatever nature (including, but not limited to, the assets identified pursuant to this Agreement as belonging to the other party, any income and/or gain from such property, and any assets of whatever nature acquired by the other party prior to or subsequent to the date of execution ofthis Agreement) and which he or she now has or at any time in the future may have against the other, the estate of the other or any part thereof, whether in law or in equity, whether known or unknown, matured or unmatured, and whether arising under the laws of any jurisdiction and including, but not limited to, the following: (i) out of any former acts, contracts, engagements or liabilities or such other; (ii) pursuant to inheritance, elective and/or intestate rights to the other party's estate, including, without limitation, claims for dower, curtesy, widow's or 8 widower's rights, family exemption, a distributive share, survivor's allowance, benefits under a retirement plan, under the intestate laws, the right to take against the deceased spouse's Will, the right to treat a lifetime conveyance by the other as testamentary, and all other rights of a surviving spouse to challenge a deceased spouse's Will, challenge the other party's Will, and/or participate in a deceased spouse's estate as administrator, executor or otherwise; (iii) right to share in any retirement benefits for the other spouse, except social security; and (iv) 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. 16. WAIVER OR MODIFICATION TO BE IN WRIT ING No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. 17. FORCE AND EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such party to enforce those terms in the future. 18. REMEDIES IN THE EVENT OF A BREACH 18.1. In General. In the event of a breach of any of the provisions of this Agreement by one of the parties, the remedies available to the non-breaching party are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity, under the Divorce Code, as amended, including Section 3105 (which includes contempt), as if this Agreement had been an Order of the Court, and shall not be limited to those remedies specifically referred to in this Agreement. In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from such breach, including, but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. 19. Mediation and Arbitration. Any claim or controversy arising out of or relating to this Agreement or any breach thereof shall be settled by the following procedure: If the parties cannot resolve the dispute within thirty (30) days of either party's written notice of the disputed item the parties shall select a mediator to assist the 9 parties in attempting to resolve the dispute. If the mediation is unsuccessful or if the parties cannot agree upon a mediator, the matter shall be resolved by arbitration as soon as is practicable. Any such arbitration shall take place in Cumberland County, Pennsylvania. Judgment upon the written award rendered by the arbitrator(s) may be entered in the Common Pleas Court having jurisdiction of the arbitration; such judgment shall be valid, binding and final; and shall be a condition precedent to any legal action that any party may contemplate against the other (except to compel arbitration pursuant to this Paragraph). The arbitrator(s) shall have the authority to assess counsel fees and/or costs against either party. 20. INTEGRATION Except as otherwise set forth in this Agreement, this Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other express or implied, oral or written representations, terms, covenants, conditions, agreements or warranties, of any nature whatsoever, other than those expressly set forth in this Agreement. 21. SEVERABILITY If any provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. The failure of any party to meet her or his obligations under any provision of this Agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 22. MUTUAL COOPERATION Each party shall promptly take all reasonable steps for the purpose of giving full force and effect to the provisions of this Agreement, including executing any documents that the other party may reasonable request. Such request shall be fulfilled within ten (10) days after receipt of written demand, unless a longer period is reasonably necessary. 23. LAW OF PENNSYLVANIA APPLICABLE The parties recognize that the laws of the Commonwealth of Pennsylvania may be modified or changed subsequent to the date of execution of this Agreement, but understand and agree that regardless of where the parties may reside or be domiciled in the future and regardless of the situs of any of the parties' real and/or personal property, 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 10 Agreement. 24. EFFECT OF RECONCILIATION OR ATTEMPT TO RECONCILE This Agreement shall remain in full force and effect, even if the parties cohabit or attempt to reconcile. 25. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shall not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 26. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity in this Agreement, Husband and Wife agree that this Agreement was prepared by Wife's attorneys. The "Whereas" clauses contained on page 1 of this Agreement are an integral part of this Agreement and shall be considered in determining the parties' intent in interpreting this Agreement. WITNESS: David Kenneriy, COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the 17*\ day of November, 2010, before me, /Notary Public for the Commonwealth of Pennsylvania, residing in the County of euMbprl, , personally appeared 11 WMM' LT" F PENNSYLVANIA Not" Seal Rol Slro, Notary Public CAP HM Bono, QN "-Wd County CAflNr111 M 26, 2014 Member, Perms*" Assodatlon of Notaries David Kennerly, 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 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nicole M. Martin, Notary Public SS• East Pennsbom Twp., Cumberland County My Commission Expires )an. 7, 2014 Member, Pennsylvania Association of Notaries On this, the t(O day of November, 20 before me, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of (1 Q(dpersonally appeared Kimberly Kennedy, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public 12 KIMBERLY A. KENNERLY V. DAVID G. KENNERLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 CV 4927 CIVIL TERM DIVORCE DECREE AND NOW, z..o• D , it is ordered and decreed that KIMBERLY A. KENNERLY , plaintiff, and DAVID G. KENNERLY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All claims have been resolved and are documented in the Marital Settlement Agreement filed at this docket. By Further Order, from this date forward Kimberly A. Kennerly will resume use of her maiden name: Kimberly A. Esterline. By the Court, Att t: J. (,"Prothonotary CV?+ CON cagy -IW.),