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HomeMy WebLinkAbout09-6538COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011 (717) 737-0464 Attorney for Plaintiff BENJAMIN M. BRENEMAN„ Plaintiff, VS. MELISSA A. BRENEMAN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09' 6:?M CIVIL TERM : 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, 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, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Lawyer Referral Service 2 Liberty Avenue, Carlisle, Pennsylvania 1-(800)-990-9108 COYNE & COYNE, P.C. is arie Coyne, uire 1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa.. Supreme Ct. No. 53788 Attorney for Plaintiff COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011 (717) 737-0464 Attorney for Plaintiff BENJAMIN M. BRENEMAN„ : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. CIVIL TERM MELISSA A. BRENEMAN, Defendant. : IN DIVORCE COMPLAINT IN DIVORCE TO THE HONORABLE, Judges of said Court: NOW COMES the Plaintiff, Benjamin M. Breneman, by his attorney, Lisa Marie Coyne, Esquire and files this Complaint In Divorce and avers the following in support thereof- 1 . The Plaintiff, Benjamin M. Breneman, is an adult individual residing at 302 Forgedale Drive, South Middleton Township, Cumberland County, Pennsylvania 17015. 2. The Defendant, Melissa A. Breneman, is an adult individual residing at 302 Forgedale Drive, South Middleton Township, Cumberland County, Pennsylvania, 17015. 3. The Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 16, 2001 at Carlisle, Pennsylvania. 5. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 6. There have been no prior actions of divorce or for annulment between the parties. 2 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Further, Plaintiff waives his right to request that the parties participate in marriage counseling. COUNT I -- NO FAULT DIVORCE 8. The prior paragraphs of this Complaint are incorporated by reference. 9. The marriage is irretrievably broken. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, if both parties file affidavits of consents to a divorce after ninety (90) days have elapsed from the filing of this Complaint, or alternatively if the appropriate time has elapsed since date of separation, Plaintiff respectfully request the Court enter a Decree in Divorce, pursuant to Section 3301(c) or Section 3301(d), as may be appropriate. Respectfully submitted: Dated: o COYNE & COYNE, P.C. h By: IS MARIE COYNE, squire 3 1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff 3 VERDICATiON The facts set forth m the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unworn falsification to authorities under 18 Pa. C.S.A. §4904. Dated: IZ??0 °F ?iorru?r ?M SEP 30 9154 ""OCOOLM 3,-*? Y-S 0 4 - 33 COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011 (717) 737-0464 Plaintiff BENJAMIN M. BRENEMAN„ Plaintiff, VS. MELISSA A. BRENEMAN, Defendant. Attorney for : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-6538 CIVIL TERM : IN DIVORCE PROOF OF ORIGINAL SERVICE OF COMPLAINT I, LISA MARIE COYNE, ESQUIRE, hereby certify that I have, on October 2, 2009, caused a true and correct copy of the Complaint for Divorce to be served upon the Defendant named below by way of certified first class mail, restricted delivery, postage prepaid, return receipt requested (EXHIBIT "A" attached): Ms. Melissa A. Breneman 302 Forgedale Drive Carlisle, PA 17013 COYNE & COYNE, P.C. Dated: BY? ,---- Li a M ie Coyne, Esquire 39 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff .' ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Pri=n ame and address on the reverse so can return the card to you. ¦ A s card to the back of the mailplece, or on front if space permits. 1. ressed to: V f ? 02. Jh;ro? ed 7017 q. gnature 17 e?h ry ? Agent 1` ern E3 Addressee B. ved by (PrinyeW4ar?te) C. Date of Deli i I i cCa 1 4?)M Wm/G- 2 a D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type )XCertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (ktm Fee) ? Yes 2. Article Number 7006 0100 ODDS 4882 9365 (r arwar from wrvrce PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ? O ? - 6 538" ? ??/?. 7-?.?' ? FILED-0Y f,E OF THE P-nr 'Vh nTAAY 2009 OC e -8 PH 2= 32 Cil?lfi?rr - 1::, d bl- - Vol, BENJAMIN M. BRENEMAN, Plaintiff, vs. MELISSA A. BRENEMAN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6538 Civil Term IN DIVORCE MARRIAGE SETTLEMENT AND CUSTODY AGREEMENT THIS AGREEMENT, made this ~ y day of ~oU~M;13E'R- , 2009, by and between BENJAMIN M. BRENEMAN, hereinafter referred to as "Husband", and MELISSA A. BRENEMAN, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 16, 2001 in Cumberland County, Pennsylvania and separated on September 27, 2009; WHEREAS, Husband and Wife are the parents of Abigale M. Breneman, born November 29, 2001 and Joshua M. Breneman, born December 31, 2003; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and 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 relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Lisa Marie Coyne, Esquire, and Wife by an attorney of her own choosing, if Page 1 of 11 any, otherwise Wife has had ample opportunity to confer with counsel, and has knowingly and voluntarily declined to do so. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this Agreement is, under the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement and, as such, have come to the following agreement: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. Definitions. (a) Divorce Code. The phrase "Divorce Code" shall be defined as 23 Pa. Cons. Stat. Ann. § 3101. (b) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (c) Distribution Date. The phrase "distribution date" shall be defined as (31) thirty-one days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the thirty-first day falls on a weekend or holiday, the distribution date shall be the next business day. 2. Effective Date of Agreement. This Agreement will become effective and binding upon both parties upon execution of this Agreement by both of them. 3. Effect of Divorce Decree--Incorporation, No Merger. The parties agree that unless otherwise specifically provided herein this Agreement shall continue in full force and effect after such time as a final decision in divorce may be entered with respect to the parties. Husband and Wife agree that the terms of this Agreement shall be incorporated, but not merged into any divorce decree which may be entered with respect to the parties and therefore Wife and Husband agree and each of the parties does hereby warrant and represent to the other that should either of them obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that party will take all reasonable steps to have this Agreement incorporated as part of any such decree, judgment or order. ' Page 2 of 11 4. 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, waivers of notice, 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) in accordance with this agreement. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the parties shall execute any waivers of notice or other waivers necessary to expedite such divorce. 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 all 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 and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. It is the intention of the parties 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 the 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. If, after the execution of this agreement, either party delays or contests the obtaining of a final divorce decree, that party shall be fully responsible for all attorneys' fees, costs and/or expenses actually incurred by either party as a result of such delay in obtaining the decree. 5. Effect of No Divorce. Except as otherwise provided for in this Agreement, this Agreement will remain in full force and effect even if no final decree in divorce is obtained. 6. Personal Rights. Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from any direct or indirect control, restraint, interference or authority, by the other and shall be treated in all respects as if they were unmarried. Except as otherwise provided for in this Agreement, each may reside at such place or places and with such other persons as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment and at such locations which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families, friends, colleagues, employers or employees of each other nor compel or attempt to compel by any means the other to cohabit or dwell in any manner whatsoever with him or her. 7. Warranty of Disclosure. Husband and Wife represent and warrant that they have disclosed to each other the full extent of their assets, income and liabilities. Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. `-' "~' Page 3 of 11 11. EQUITABLE DISTRIBUTION OF PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. Further, Wife and Husband agree that the following property dispositions and previously referenced equitable distribution of marital debt constitute an equitable distribution of all of their property and debt, pursuant to Section 401 of the Divorce Code, 23 Pa. Cons. Stat. Ann. § 3401. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. (a) Real Estate. Wife and Husband hold title as tenants by the entireties to the premises identified as 302 Forgedale Drive, Carlisle, Cumberland County, Pennsylvania (the "Marital Premises"). Wife agrees to transfer to Husband upon execution of this Agreement all her right, title and interest in their jointly-owned marital real estate at 302 Forgedale Drive, Carlisle, Cumberland County, Pennsylvania subject to the first mortgage given to PNC Bamk Mortgage, or its assigns, and a home equity loan given to Members 1S` Federal Credit Union, or its assigns, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurance and utility bills relative to said real estate. Deed shall be prepared by Husband's Attorney for Wife's action upon execution of this Agreement. Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorneys' fees, which are incurred in connection with such maintenance, costs and expenses or resulting from Husband's ownership interest in the Marital Premises. (i) Commencing on the day following the execution date of this Agreement, Husband shall ~e solely responsible for all fees, taxes, costs and expenses associated with maintaining the Marital Premises, including but not limited to all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowner's insurance, gardening expenses, and repairs, and she shall keep Wife indemnified and held harmless from any liability, costs or expenses, including attorneys' fees, which are incurred in connection with such maintenance, costs and expenses. Page 5 of 11 (ii) Wife represents and warrants that Wife has not placed nor caused to be placed any liens, encumbrances, easements, or any other restrictions or conditions of record relating to the Marital Premises which will still exist as of the date of the execution of this Agreement, with the exception of the PNC Bank (mortgage) and Members 15` Federal Credit Union (home equity). (b) Contents of Marital Premises. Husband and Wife have agreed to division of contents of marital premises as of the date of execution of this Agreement. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she mayhave with respect to any of the above items which shall become the sole and separate property of the other from the date of execution hereof. 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. (c) Pension And Retirement Benefits. Each party agrees that they shall each retain as their sole property any IRA, 401K Accounts, or any of their own individual retirement pension(s). By these presents, the parties hereby specifically and mutually waive, release, renounce and forever abandon whatever claims he may have with the respect to any of the above pension and retirement benefits of the other which shall become the sole and separate property of the other from the date of execution hereof. Both Husband and Wife hereby release and relinquish all claims and demands whatsoever as to the whole or any part of the said items of personalty which are distributed to each other pursuant to this Agreement. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans, or individual retirement accounts, retirement benefits, of any nature and Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. (d) Intangible Property. Except as otherwise provided in this Agreement, Wife shall keep and retain sole ownership, control and enjoyment of al] property transferred to her pursuant to this Agreement, and all Members ls` Federal Credit Union individual accounts, savings bonds, securities, insurance policies, pensions, capital accounts, financial interests, or other intangible property held in her name, including all appreciation thereon and all increments in blue thereto, and all property acquired in exchange therefore, free and clear of any claim, right or interest by Husband (including without limitation any claim or right to curtesy, or equitable distribution or other allocation or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or any other state) and she shall have the exclusive right to dispose of such property without interference or restraint to Husband (except as provided in this Agreement) as if the marriage had not taken place and she had remained unmarried. Pa e6of11 ~,~~ g Except as otherwise provided in this Agreement, Husband shall keep and retain sole ownership, control and enjoyment of all property transferred to him pursuant to this Agreement, all property titled in his name, and all of the jewelry, clothes, furniture, and other personal property titled in his name or in his possession and all Members ls` Federal Credit Union individual accounts, securities, insurance policies, pensions, financial interests, or other intangible property held in his individual name, including all appreciation thereon and all increments in value thereto, and all property acquired in exchange therefore, free and clear of any claim, right or interest by Wife (including without limitation any claim or right to ourtesy, or equitable distribution or other allocation or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or any other state) and he shall have the exclusive right to dispose of such property without interference or restraint by Wife (except as provided in this Agreement) as if the marriage had not taken place and he had remained unmarried. For and in consideration of the above, Husband or Wife agrees to and does hereby indemnify and hold forever harmless the said Wife, or Husband, his or her successors and assigns, heirs, executors and administrators against loss from any and all manner of actions, causes of actions, suits, debts, dues, sums of money, contracts, attorneys' fees or costs at law or in equity that may hereinafter at any time be made or brought against the said Wife or Husband by reason of any legal obligation or debt, mortgage, tax, claim, damage, bond, warrant, note, judgment guarantee, or surety, which he or she may have incurred by reason of his or her signing, co-signing, or guaranteeing any loan of Husband or Wife. (e) Automobiles. The parties agree that Wife shall retain possession of and receive as her own property the 2003 Ford Windstar (Van) for Wife's own use and disposition. Husband agrees to execute, acknowledge, and deliver upon request of any and all instruments or documents necessary in order to effectuate the transfer of title to said automobile to Wife. Wife shall be solely responsible for the payment of any sales or other tax that might be incurred with respect to that transfer. Wife has been and shall continue to be solely responsible for all expenses associated with the automobile including but not limited to insurance, maintenance, and the automobile loan from Pa. Central FCU, or its assigns. Wife shall be solely liable and shall keep Husband indemnified and held harmless from any liability, cost or expense, including attorneys' fees, due to any of the expenses set forth in the preceding sentence •and shall indemnify and hold Husband harmless from any liability, cost or expense, including but not limited to claims, damages and judgments, solely due to any accidents involving Wife prior to the transfer of the title to Wife and Wife shall reimburse Husband for any increased premiums during the year following the date of execution of this Agreement solely resulting from such accidents. Should there be any costs incurred by Husband as a result of Wife's exclusive ownership upon transfer to include any default of loan, Husband shall deduct those costs from any payments he may obligated to pay to Wife pursuant to this agreement or as ordered by any court. (f) After-Acquired Personal Property. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. Page 7 of 11 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. (g) Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is anon-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. 12. Alimony: The parties expressly 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 of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for maintenance or alimony. Husband and Wife further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony. 13. Alimony Pendente Lite, Counsel Fees, And Expenses: Husband and. Wife further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony pendente lite, counsel fees, and expenses. Each party shall be responsible for his or her own attorney fees. 14. 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. 15. Waivers 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 now have or hereafter acquire, under the present or 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, curtsey, statutory allowance, widow's allowance, right and take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. 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 his mutual waiver and relinquishment of all such interests, rights and claims. _ Page 8 of 11 16. 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, waivers of notice, 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 final decree in 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. It is the intention of the parties 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 the 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. 17. Breach And Enforcement: 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 Agreement shall be responsible for payment of attorney fees and court costs incurred by the other in enforcing his or her rights under this Agreement. 18. Additional Instruments: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. Tax Advice: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their -own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 20. Voluntary Execution: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, if any, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. _` Page 9 of 11 21. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and knowingly waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 22. Disclosure: 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 all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 23. Child Custody and Child SuAport. The parties agree that it is in the best interest of their children for the parties to have shared legal and physical custody of their children. Accordingly, the parties agree that custody of the children shall be shared whereby the parents would alternate weeks of custody of the children with the exchange day being Sunday each week at 5:00 p.m. The Parties agree that the Holidays shall be shared between the parties as mutually agreed and that a custody order reflecting this agreement may be entered of record with the Cumberland County Court of Common Pleas. Because the parties share physical and legal custody of the children, the parties agree that commencing on the date of entry of a Final Decree in Divorce pursuant to this Agreement, Husband shall pay to Wife the sum of Seven Hundred Dollars ($700.00) per month in child support for two (2) children based upon a shared custody arrangement Payments will terminate upon each child reaching the age of eighteen (18) years of age or upon his or her graduation from high school, whichever occurs last and the support shall be reduced by one- half (1/2) in this event. Child support payments shall terminate upon death of Husband or Child. Child support shall be reduced by one-half (1/2) upon death of child. If custody changes whereby the parties no longer have shared legal and physical custody, support shall be recalculated in accordance the Pennsylvania Support Guidelines, as amended. Further, should husband becomes disabled, or husband has an adverse adjustment from his current income through no fault of his own and he should thereby be entitled to unemployment compensation, the child support may be adjusted and the new child support amount will be determined in accordance with the Pennsylvania Child Support Guidelines, as amended. Further, should there be any recalculation of child support, whether by agreement or as determined by the Domestic Relations Section of a court of proper }_ Page 10 of 11 jurisdiction, there shall be credit given to Husband for the substantial and disproportionate amount of marital debt he has agreed to undertake per this Agreement. Should Husband pay child support to Wife pursuant to this paragraph or any other order of child support, Husband shall be permitted to claim children as a dependants for income tax purposes for that tax year. 24. Prior Agreement: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 25. 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 perfornZance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. 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. 27. Independent Separate Covenants: It Is Specifically Understood And Agreed By And Between The Parties Hereto That Each Paragraph Hereof shall be deemed to be a separate and independent covenant and agreement. 28. Applicable Law: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 29. 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. 30. Agreement Binding On Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. .---~ Wi ess ENJAMIN M. BRENEMAN, Husband r SEAL Witness ELISS . BRENEMAN, Wife ~~ Page 11 of 11 ,' r-,_ , , _ . ~. ~ ~, 2~~~ Cw - f ~~ ~ ~~ CL~~. ~- ~ ~_ _ . ~.; v,l.. . ~.