Loading...
HomeMy WebLinkAbout09-7655.. ASHLEY N. SLAYBAUGH, IN THE COURT COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. D ?- 7( o ss CIVIL TERM KENNETH A. SLAYBAUGH, Defendant IN DIVORCE NOTICE TO DEFEND 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY FT? RR & LINDSAY 26 West High Street Carlisle, PA Maryl , Esqui Attorney 1919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ASHLEY N. SLAYBAUGH, IN THE COURT COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09_-765-5- CIVIL TERM KENNETH A. SLAYBAUGH, : Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is ASHLEY N. SLAYBAUGH, an adult individual currently residing at 115 S. East Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is KENNETH A. SLAYBAUGH, an adult individual currently residing at 336 North College Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 14, 2008 in Gardners, Adams County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that she has LRR ? F LINDSAY 26 West High Street Carlisle, PA the right to request that the court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. COUNTI INDIGNITIES 11. The averments in paragraphs 1 through 10 are incorporated hereto as if fully set forth herein. 12. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 13. The averments in paragraphs 1 through 12 are incorporated hereto as if fully set forth herein. 14. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. FLOWER ? LINDSAY JUTUMEVS-ADLAW 26 West High Street Carlisle, PA COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 15. The averments in paragraphs 1 through 14 are incorporated hereto as if fully set forth herein. 16. Plaintiff is unable to provide for her/his reasonable needs in the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Marylo t , Esquir Attorney 119 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: ! ! 10LN01 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ASHLEY N. SLAYBAUGH, Plaintiff V. KENNETH A. SLAYBAUGH, Defendant IN THE COURT COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE VERIFICATION FL RR & LINDSAY A 1 26 West High Street Carlisle, PA I verify that the statements made in the foregoing document 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 falsifications to authorities. XSHL#fY N. SL?X A H Date: it 1161 Fl F CIE 2009 NOY -S Fi 3: 39 .b 3 '? cif • ??U ?,?.a?? ,3 7 Ll . ?-7) 0 olk a47 swdt? A0 HLEY N. SLAYBAUGH, Plaintiff NNETH A. SLAYBAUGH, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, ASHLEY N. YBAUGH, one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , ereby elects to resume the prior surname of ASHLEY N. WENK and gives this written otice avowing her intention pursuant to the provisions of 54 P.S. 704. IN THE COURT COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 q,, 7G 5,5 CIVIL TERM IN DIVORCE i?I2la9 /? A E)I . SLA U - w Allvl't N. WENK, Signature of name being resu MONWEALTH OF PENNSYLVANIA VTY OF CUMBERLAND On the O? day of 2009, before me, the rotary or the notary public, personally appeared the above affiant known to me to SA OIS, FLOWER & LINDSAY ATIONW&ARAW 26 West High Street Carlisle, PA the person whose name is subscribed to the within document and acknowledged that executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Official Seal. Prothonotary or Notary Public 0clflisla , PA um T, 2011 win 05 ,,: OF THE L'^,-, "<< TARY 2009 PLOY --5 PI'fi 3: 40 $ /1, 0,01d 46 3 2 k? ,23 307( ASHLEY N. SLAYBAUGH, IN THE COURT COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW NO. 2009-7655 CIVIL TERM KENNETH A. SLAYBAUGH, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, KENNETH A. SLAYBAUGH, Defendant, accept service of the Divorce Complaint in the above-captioned matter. Date KENNETH A. S AYBAUGH SAIDIS, FLOWER ~ LINDSAY nrnotavExs•nruw 26 West High Street Carlisle, PA 2~~9 ~ i ~' 12 r, - ~ ~ { ~,~ ;, . ;ter u;. :,~ - .~~,: , ASHLEY N. SLAYBAUGH, IN THE COURT COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSY,1YAW V. CIVIL ACTION - LAW NO. 2009-7655 CIVIL#M KENNETH A. SLAYBAUGH, : un (jr. Defendant IN DIVORCE M=, "j PLAINTIFF'S AFFIDAVIT OF CONSENT- ter' 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filetr*loV fe nbet,5, 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. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: 7 Ll 1) LEJY N. SLAYBAUGH PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERA 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifica Date: y I ASHLEY N. SLAYBAUGH, IN THE COURT COMMON PLEAS' s Plaintiff CUMBERLAND COUNTY, PENNS"Nq V. CIVIL ACTION - LAW may, NO. 2009- 7655 CIVIL TI =9- KENNETH A. SLAYBAUGH, Defendant IN DIVORCE- J DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed November 5, 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. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dater /// , KENNETH A. AYBAUGH DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 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 to the best of my knowledge, information and belief. 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: KENNETH A. SLAYBAUGH ASHLEY N. SLAYBAUGH, Plaintiff V. KENNETH A. SLAYBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND 1( COUNTY, PENNSYLVANIA NO.2009-: v6='CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT r-.+.., --4 ?j THIS AGREEMENT made this day of / "? 201 i" BETWEEN ASHLEY N. SLAYBAUGH, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, AND KENNETH A. SLAYBAUGH, of Gettysburg, Adams County, Pei-tsyl»ania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on, June 14, 208, in Gardners, Adams County, Pennsylvania, and R.2: There were no children born of the parties' marriage; and R.3: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County Pennsylvania, to Number 2009-7665 Civil Term; and R.4: 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; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL Wife has been represented by Marylou Matas, Esquire. Husband has chosen not to retain legal counsel and Husband has chosen instead to negotiate directly with Wife and Wife's counsel, notwithstanding the fact that counsel for Wife has advised him that he has an absolute right to be represented by counsel. Husband hereby acknowledges that he has done so willingly and that he fully understands the relevant law (including having reviewed the Divorce Code). 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 is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further 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. 2. DEFINITIONS 2.1. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, 2 Section 101 et seq. (effective March 19, 1991). 2.2. 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. 2.3. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 2.4. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 3. 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-breaching 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). The provisions of this Agreement shall not be modifiable for any reason 4. EFFECT ON DIVORCE Wife previously filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 2009-7665 seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. The parties shall take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to 3 Section 3301(c) of the Domestic Relations Code, including the Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of the Decree in Divorce. 5. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 6. 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. Except as is otherwise set forth in this Agreement, each party may reside wherever and with whomever he or she desires. 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, written] permission of the other party. 7. WARRANTY OF DISCLOSURE Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets (including the basis and holding period of such assets, where applicable), liabilities and income, valued as of Member 30, 2009, the date of separation of the parties, 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 values assigned to the assets merely are the good faith estimates of current fair market value/book 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 4 Agreement regarding disclosure, is specifically waived. 8. EQUITABLE DISTRIBUTION OF ASSETS 8.1. Real Propert . The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 115 South East Street, Carlisle, Cumberland County, Pennsylvania. This property is deeded in the parties' name jointly. Husband waives all right, title and interest in this property. At the time of execution of this Agreement, Husband shall sign documents necessary to waive his interest in this, including a spousal waiver and deed. The mortgage for this property is recorded in the parties' name jointly and Wife shall indemnify Husband from any collection activity whatsoever related to this mortgage. From the date of separation forward, previously identified as September 30, 2009, Wife shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. Wife shall make all reasonable attempts to refinance this property or otherwise remove Husband's name from the mortgage no sooner than January 2013. Husband shall cooperate with the signing of all documents necessary to effectuate Wife's successful refinance of this mortgage liability. Pending that refinance, Wife shall not take any action to further encumber the property without Husband's written consent. In the event that Wife is not qualified or able to refinance within six months after January 2013, Wife shall list the home for sale. In that event, Husband shall cooperate with signing all documents necessary to list and sell the home. Wife shall be solely responsible for all details associated with the sale of the home, including choosing the realtor, determining the sale price, selecting the buyer and final offer. Wife or Wife's estate shall receive all proceeds from the sale of the property. 8.2. Personal Prop All personal property which was acquired separately by each of the parties prior to the marriage, by gift or inheritance from a third party, or after separation, shall remain the separate property of the party who has possession or control of it as of the date of execution of this Agreement. The parties hereto mutually agree that they have effected a satisfactory division of all other personal 5 property not specifically mentioned herein, including the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. 8.3 Motor Vehicles. Commencing on the date of execution of this Agreement, Wife shall retain possession of, as her separate property, the 2005 Nissan Altima automobile currently titled in her name individually for her own use and disposition. Husband shall retain possession of as his separate property the 2004 Saab, currently titled in joint names, for his own use and disposition. Except as otherwise provided for in this Agreement, from the date of separation, the party having use and possession of an automobile 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. Husband's 2004 has a loan outstanding currently listed in the parties' names jointly. Husband shall be responsible for making all monthly payments as they are due to the creditor until such time as he is able to refinance the loan to his name individually. Husband shall refinance the loan to his name individually within 90 days of execution of this Agreement. In addition, Husband shall bring all loan payments current as they are due within 30 days of execution of this Agreement. In the event that Husband fails to pay the loan for 3 months consecutively (or otherwise is noted by the creditor to be 3 months behind on payments), then Wife shall have the right to repossess the vehicle so long as her name is still listed as an owner and she is jointly responsible for loan. In that event, Wife shall have the right to either sell or otherwise dispose of the vehicle at her convenience. Any proceeds received from the sale or disposition of the vehicle shall be divided by the parties, subject to Wife's reimbursement of any payments she may make to bring the loan current to that time. 6 8.4 Life Insurance. Regardless of which party currently is designated the owner and/or beneficiary, all life insurance (including any cash value) identifying either party as the insured and/or beneficiary, shall, at either party's sole discretion, be modified to identify whomever he or she designates as the insured and/or beneficiary. 8.5 Retirement, pension, investments, stocks, bonds, mutual accounts. Except as specifically provided for in this Agreement, Wife and Husband hereby specifically release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. The parties shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. Each party shall execute and take all such steps as may be necessary to effectuate a spousal consent (in accordance with the appropriate provisions of the Plan) allowing the other to designate any beneficiary as each may elect to receive amounts that may be payable under the Plan upon his/her death (such election to be evidenced by a beneficiary designation form executed by Husband/Wife) and both parties shall agree to any changes to such beneficiary designation made by the other prior to dissolution of marriage. 8.6 Tax Consequences. This Agreement has been negotiated on the assumption that, except as otherwise specifically provided for, the transfer of assets pursuant to this Paragraph will be governed by the provisions of Sections 1041 and 71(b)(1)(B) of the Internal Revenue Code and as such shall not result in the recognition of any gain or loss upon the transfer by the transferor. It also is understood by the parties that the transfer of property subject to Section 1041 of the Internal Revenue Code shall require that the transferee take the property with a tax basis equal to the adjusted tax basis that the property had in the hands of the transferor. 9. WAIVER OF ALIMONY Wife has filed a claim for alimony pendente lite/spousal support in the Court of Common Pleas of Cumberland County Domestic Relation, to PACSES 740111231. Pursuant to that Order, Husband is 7 Ordered to make a payment to Wife in the amount of $325 per month; this shall be paid until the arrearages of $5035.00 ordered as of November 9, 2009 are paid in full. Wife retains the right to pursue all claims and actions pursuant to that Order. Wife does not withdraw that claim and does not waive any remaining arrears due on that action. Notwithstanding the foregoing, 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 resulting from the parties' status as husband and wife. 10. 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. 11. DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. As previously noted herein, Husband shall pay the Saab vehicle loan and Wife shall pay the mortgage loan. Each party shall pay the outstanding individual credit card debts they have incurred and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. In the event there are other marital debts not identified herein but discovered later, the parties agree to divide the debt equally between them. B: Post Separation Debt: In the event that either party contracted or incurred any debt since 8 the date of separation on September 30, 2009, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party 12. INCOME TAX 12.1 Past Returns. Each party represents that, to the best of his and her knowledge, all income tax returns and other documents required to be filed with the Internal Revenue Service and any other taxing authority for calendar year 2008 and 2009 has been filed and that no notices have been received from the Internal Revenue Service or any other taxing authority which remain unresolved. Each party further represents to the other that, to the best of his or her knowledge, the information set forth in the joint tax returns filed for calendar year 2009 was and remains accurate and acknowledges that the other party relied upon such representations in signing those returns. Therefore, if any deficiency in federal, state, or local income tax is proposed, or any assessment of any such tax is made against either party by reason of her or his having joined in the filing of joint federal, state or local income tax returns, each party shall indemnify the other and hold them harmless from any tax, interest, penalty or expense resulting from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, penalty or expense shall be divided equally, unless said tax, interest, penalty or expense is finally determined to be attributable to one party's misrepresentations or failures to disclose relevant information of income on the aforesaid joint income tax returns. In that event, the party not determined to be at fault shall choose the counsel to represent him or herself in the matter and shall have the sole right to decide whether to contest and/or to settle any such deficiency or claim. The party determined to be at fault shall be responsible for making payment for all tax, interest, penalty or expense, and reasonable counsel and accounting fees. 9 13. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 14. OBLIGATIONS NOT DISCHARGEABLE IN BANKRUPTCY The parties represent that, to the best of their knowledge, there are no bankruptcy proceedings pending involving either of the parties. The payments provided for in this Agreement are not, and are not intended to be, a debt which is affected by a discharge in bankruptcy. Therefore, those debts shall not be discharged in bankruptcy. 15. 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, except for the mortgage and vehicle loan, 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 in 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 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 future for which the other party or the estate of the 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- 10 16. 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, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 17. 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, now 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 of this 11 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 of 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 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, elect to take against 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. 17.2 Neither party may apply to any court for a modification of this Agreement, whether pursuant to the Divorce Code or any other present or future statute or authority. In the event that either of the parties shall nevertheless seek such a modification of this Agreement, that party shall indemnify the other party against and hold the other party harmless from any loss resulting therefrom, including reasonable counsel fees and costs. 18. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. 19. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this Agreement shall be 12 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. 20. REMEDIES IN THE EVENT OF A BREACH 20.1. 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 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. 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. 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 13 the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 23. 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. 24. 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. 25. ACKNOWLEDGMENT OF RECEIPT Each party acknowledges having received a fully executed original of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. SS: ?*12vplg ?--] q, 2f(14-IZ L/ Date 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 0./ *41 day of P ate , 2011, before me, the undersigned, personally appeared ASHLEY N. SLAYBAUGH, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OGMI*iNWiIIL?? M,O", ,,?P?1N8YLV NOTARIAL SEAL LINDSAY A GRAY CARLISLE, CUMBERLAND MY COMM EXPIRES 02/02/2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND a Notary Public On this day of Qa , 2011, before me, the undersigned, personally appeared KENNETH A. SLAYBAUG , whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OF IMAM NOTARIAL SEAL LINDSAY A GRAY CARLISLE, CUMBERLAND MY COMM EXPIRES 0210212012 v? o4v Ox °J- otary Public 15 ASHLEY N. SLAYBAUGH, IN THE COURT COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSY LVANIA,„,, V. CIVIL ACTION - LAW c _.? NO. 2009-7655 CIVIL TERM KENNETH A. SLAYBAUGH, Defendant IN DIVORCE C-, r.. ' PRAE CIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on November 9, 2009, by regular mail. Proof of service was filed with the Court on November 12, 2009. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: By Plaintiff: May 4, 2011 and filed with the Prothonotary on May 5, 2011. By Defendant: May 4, 2011 and filed with the Prothonotary on May 5, 2011. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated May 4, 2011. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 By Plaintiff: May 4, 2011 and filed with the Prothonotary on May 5, 2011. By Defendant: May 4, 2011 and filed with the Prothonotary on May 5, 2011. SAIDIS, SULLIVAN & ROGERS Mdfil'dQ ,Esquire Supreme Cd"uA ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF ASHLEY N. SLAYBAUGH :CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH A. SLAYBAUGH : NO. 2009-7655 DIVORCE DECREE AND NOW, Ct y it is ordered and decreed that ASHLEY N. SLAYBA GH , plaintiff, and KENNETH A. SLAYBAUGH , 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.") The terms of the Property Settlement and Separation Agreement dated May 4, 2011 is incorporated, but not merged, into this Decree in Divorce. By the Court, Attest: J. Prothonotary