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HomeMy WebLinkAbout04-2543 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLYDE E. DeHART, JR., Plaintiff TAMMY L. DeHART, Defendant No. 2004- ,~ q3 CIVIL ACTION- LAW Divorce) NOTICE 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, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DWORCE 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, Pennsylvania 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER _ Sfipreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLYDE E. DeHART, JR., Plaintiff TAMMY L. DeHART, Defendant No. 2004- ozS'gj CIVIL ACTION ~ LAW (In Divorce) COMPLAINT UNDER SECTION 3301{c) OR 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE Plaintiff is Clyde E. DeHart, Jr., who currently resides at 1552 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tammy L. DeHart, who currently resides at 1552 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 3. 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. Plaintiff and Defendant were married on June 14, 1997, in Newville, Cumberlmad County, Pennsylvania. 5. Plaintiff and Defendant have been living separate and apart since on or about March 22, 2004. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plainfiffdoes not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 330l(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 9. The allegations in Paragraphs One through Eight, inclusive, are made a part hereof and incorporated herein by reference, 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests this Honorable Court determine the extent of the marital assets and liabilities and order an equitable distribution thereof, SA1DIS SHUFF, FLOWER & LINDSAY 26 W. High Street Respectfully submitted, By: SAIDIS,. SHUFF, FLOW~ J, ffr~dsay Gi~g~f6h lVl~clay, Esq~e '~Supreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243 -6222 Attorneys for Plaintiff AFFIDAVIT I, Clyde E. DeHart, Jr., being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: Clyde E. DeHart, Jr., Plaintiff SAIDIS IUFF, FLOWER $ LINDSAY 16 W. High $~reet VERIFICATION I verify that the statements made in this Complaint are tree 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. Section 4904, relating to unswom falsification to authorities. Dated: Clyde E. DeHart, Jr., Plaintiff SAIDIS iUFF, FLOWER ~ LINDSAY W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLYDE E. DeHART, JR., Plaintiff TAMMY L. DeHART, Defendant No. 2004 - 2543 CIVIL ACTION - LAW (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this [/h day of ~J-t/~L, ,2004, BY and BETWEEN Clyde E. DeHart, Jr. of 1552 Holly Pike, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N D Tammy L. DeHart of 1552 Holly Pike, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS R. 1: The parties hereto are Husband and Wife, having been joined in marriage on June 14, 1997, in Newville, Cumberland County, Pennsylvania; and R.2: Differences have arisen between the parties, in consequence of which they have lived separate and apart since on or about March 22, 2004; and R.3: The parties have resolved that it is; not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and CED ~,-~,9 Page 1 of 14 TLD'~4~_ SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA R.4: It is the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all fights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to setlle all disputes existing between them, including any claims or fights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.5: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.6: The parties desire to resolve all clainas pending between them, including the settlement of all of their respective property rights and other fights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Saidis, Shuff, Flower and Lindsay, and that Wife, cognizant of her fight to obtain legal representation, declares that it is her express, voluntary and knowing intention not to avail herself of her fight to counsel and chooses instead to represent herself with respect to the preparation and execution of this Agreement; and R.8: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and CED ~-20 Page 2 of 14 TLD~.. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA R.9: Each party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each party. Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities and income of the other party. To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and perfon~ed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawl~l for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of l~he family of either party. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. CED ~ Page 3 of 14 TLD *-'~ _~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle, PA (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree. The parties agree to execute and file the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce once the requisite Ninety (9C,) days have passed from the time that Defendant was served with the Divorce Complaint. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: It is understood and agreed that the parties' jointly own certain real property located at and more commonly described as 1552 and 1554 Holly Pike, Carlisle, Cumberland County, Pennsylvani~ 'Contemporaneously with the execution of this Agreement, Wife agrees that as part of this property settlement, she will convey any and all of her right, title and interest in and to said properties to Husband. Wife will execute and deliver Husband an Addendum to the May 10, 2004 Installment Agreement of Sale, in the form attached to this document as Appendix "A", in which Addendum Wife will convey any and all interest she may have in and to said properties more commonly known as 1552 and 1554 Holly Pike, Carlisle, Cumberland County, Pennsylvania to Husband. Once executed by Wife, said Addendum will be recorded in the Recorder of Deeds Office in and for the County of Cumberland. Husband specifically agrees to hold Wife harmless with regard to any and all payments associated with the above-listed properties from the date of this Agreement, forward, including, but not limited to the mortgage payments, taxes, homeowner's insurance and repairs. CED SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle. PA As soon as administratively possible after the execution of this Agreement and the above-referenced Addendum, Wife shall receive Ten Thousand ($10,000.00) Dollars cash for waiving any interest she may have in and to the properties more commonly described as 1552 and 1554 Holly Pike, Carlisle, Cumberland County, Pennsylvania. (4) DEBT: MARITAL DEBT: Other than those debts enumerated within, 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. Husband specifically agrees to pay all current joint bills and outstanding bills incurred on or before the date of execution of this Agreement. From the date of this Agreement forward, neither party shall incur any unusual bill, which will bind the other party. Wife hereby agrees to return to Husband any and all joint credit cards or charge plates that she may have in her possession. The parties further agree that any debts incurred on said joint credit cards or charge plates subsequent to the date of this Agreement, shall be the sole and exclusive responsibility of the party who incurred said debts and the debt-incurring party shall save harmless the other party from any obligation or institutions of suit thereunder. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on or about March 22, 2004, Husband specifically agrees to 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, forward, 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. CED 6~.i) Page 5 of 14 TLD 7(.~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (5) MOTOR VEHICLES: The parties acknowledge that Wife, individually, holds title to a 2003 Ford Escape. Husband hereby relinquishes any right, title or interest he may have in and to the 2003 Ford Escape. Wife shall acquire and maintain separate insurance on the 2003 Ford Escape. Husband specifically agrees to assume full responsibility for and pay in due course, any encumbrance on Wife's 2003 Ford Escape. Wife shall hold Husband harmless and indemnify Husband from any loss thereon. The parties further acknowledge that Husband, individually, holds title to the following automobiles: a 1994 Ford 700 Box Truck; a 1990 Mitsubishi Box Truck; a 1990 Ford Bronco; a 2003 Bri-Mar Dump Trailer; and a travel camper. Wife hereby relinquishes any right, title or interest she may have in and to said vehicles. Husband shall maintain separate insurance on and assume full responsibility for any encumbrance on the above- listed vehicles, and shall hold Wife harmless from a~ay loss thereon. Upon execution of this Agreement, Wife shall receive One Thousand Five Hundred ($1,500.00) Dollars for waiving her interest in and to said travel camper. The parties further acknowledge that they jointly hold title to the 2003 Ford F-250, which vehicle is currently in the possession of Husband. Wife relinquishes any right, title and interest she may have in and to the 2003 Ford F-250 currently in possession of Husband. Within thirty (30) days of the date of this agreement Wife shall execute any documents necessary to have said vehicle properly registered in Husband's name with the Pennsylvania Department of Transportation. Husband shall maintain insurance and assume full responsibility for any encumbrance on the 2003 Ford F-250 received by Husband as a result of this transfer, and shall hold harmless and indemnify Wife from any loss thereon. CED C~O Page 6 of 14 TLDT~,~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA The parties further acknowledge that they jointly hold title to a 2001 Pro-Sport 21' boat and trailer. Wife relinquishes any right, title and interest she may have in and to the 2001 Pro-Sport boat and trailer, currently in the possession of Husband. Within thirty (30) days of the date of this Agreement, Wife shall execute any and all documents necessary to have said trailer properly registered solely in Husband's name with the Pennsylvania Department of Transportation. Within thirty (30) days of the date of this Agreement, Wife shall execute any and all documents necessary to have said boat properly registered solely in Husband's name with the Delaware Fish Commission. Husband shall hold Wife harmless and indemnify Wife from any loss on the boat or trailer. (6) TANGIBLE PERSONALPROPERTY: Except as otherwise herein provided, the parties hereto mutually agree that they have effected a satisfactory division of 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 the parties hereto. i. ii. Upon execution of this Agreement, Wife shall receive any and all items of personal property located in the marital residence, otherwise described as 1554 Holly Pike, Carlisle, Cumberland County, Pennsylvania; and Upon execution of this Agreement, Husband shall relinquish any right, title or interest he may have in and to the digital laptop computer, currently in the possession of Wife; and CED C~-]) Page 7 of 14 TLD"~'~ SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA ii. Upon execution of this Agreement, ]Husband shall receive any and all assets being paid off as a result of the home equity loan, which Husband plans to acquire, including the hot tub and 2 front-end loaders, but specifically excluding the 2003 Ford Escape, which will become the sole possession of Wife pursuant to Paragraph 5 of this Agreement. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insuranee, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401K plans, and the like. Husband acknowledges that the marital property of the parties' includes any marital portion of Wife's retirement plan stemming from her employment with the Shippensburg Animal Hospital (hereinafter referred to as "Retirement Account"). This asset is solely in Wife's name. The approximate value of Wife's Retirement Account is unknown. Husband further acknowledges that he has been informed .of his right to obtain an independent appraisal and/or valuation of Wife's Retirement Account and any marital interest he may have therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title interest or claim he might othemdse have in and to Wife's aforesaid Retirement Account. Wife acknowledges that the marital property of the parties' includes any marital portion of Husband's businesses, specifically inc][uding, but not limited to, DeHart's Auction Service. The approximate value of Husband's business interests, specifically including, but not limited to, DeHart's Auction Service, is unknown. Wife acknowledges that she has been informed of her right to obtain an i[ndependent appraisal and/or valuation CED CI~ Page 8 of 14 TLD.~/t~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA of Husband's businesses and any marital interest she may have therein, and, notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's aforesaid businesses and all items associated with said businesses, specifically including, but not limited to, DeHart's Auction Service. In exchange for Wife waiving her interest in and to Husband's business interests, specifically including, but not limited to, DeHart's Auction Service and any and all items associated therewith, Husband agrees to indemnify Wife and hold her harmless from any loss thereon. As soon as administratively possible after the execution of this Agreement and the above-referenced Addendum, Wife shall receive Ten Thousand ($10,000.00) Dollars cash for waiving any interest she may have in and to Husband's business, DeHart's Auction Service. (8) WAIVER of ALIMONY: The p~xties acknowiedge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have, one against the other, lq>r alimony, spousal support or alimony pendente lite. (9) ATTORNEY'S FEES: Except: as otherwise provided herein, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. CED ~F~ Page 9 of 14 TLD '~_C20 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA (10) ADVICE of COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by James D. Flower, Jr., Esquire, of Saidis, Shuff, Flower & Lindsay, and t]hat Wife, cognizant of her right to legal representation, declares that it is her express, voluntary and knowing intention not to avail herself of her right to counsel and chooses instead to represent herself with respect to the preparation and execution of this agreement. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (11) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: The parties hereto agree to file separate income tax returns for all ongoing years, specifically including 2004 and 2005. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have CED CE-) Page 10 ofl4 TLDT(/~ SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each ]has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement :is specifically waived. (15) WAIVER of APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, retirement accounts and businesses, some or all of which were acquired during the marriage and therefore constitute marital property. However, the parties have determined that they will not undertake the expense tO have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (16) RIGHTS and RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. CED c,~l) Page 11 of 14 TLD"-~b~> SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of spousal support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future spousal support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. CED C~) Page 12of14 TLD~6'a52 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of spousal support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action to be filed between the parties. (19) SEPARABILITY of PROVISIONS: 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 continue in full force, effect and operation. (20) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (21) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement shall be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations CED fj:.z9 Page 13 of 1 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Divorce Caption. (22) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (23) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (24) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions a~ad clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: Clyde E. DeHart, Jr. 'ram y L. Demrt CED ~/~--~ Page 14 of 14 TLD--'fi~ APPENDIX "A" SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA ADDENDUM~ASSIGNEMENT OF MAY 10, 2002 INSTALLMENT AGREEMENT OF SALE THIS ADDENDUM/ASSIGNMENT, made this ~./l~day of ~.e~, 2004, by and between PAUL E. WEIBLEY of 484 Petersburg Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Seller", A N D CLYDE E. DeHART, JR., separated man, of 1552 Holly Pike, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Purchaser/Assignee", A N D TAMMY L. DeHART, separated woman, currently of 1552 Holly Pike, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Former Purchaser/Assignor", RECITALS R.I: Purchaser/Assignee and Former Purchaser/Assignor entered into an Installment Agreement of Sale (hereinafter referred to as "Sales Agreement") with Seller on May 10, 2002, which was recorded in the Recorder of Deeds Office in and for the County of Cumberland on May 29, 2002; and R.2: Paragraph 15 of the Sales Agreement provides that "[t]he interest of the Purchaser [Clyde E. DeHart, Jr. and Tarnmy L. DeHart] shall not be assignable or transferable in whole or in part, without the payment of the full Purchase Price [$590,000.00]"; and SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA R.3: Purchaser/Assignee and Former Purchaser/Assignor separated on or about March 22, 2004; and R.4: Contemporaneously with the execution of a Property Settlement and Separation Agreement and for good and valuable consideration, the terms of which are contained therein, Former Purchaser/Assignor wishes to relinquish any right, title and interest in and to the property subject to the Sales Agreement; and R.5: Seller is not opposed to amending the Sales Agreement to be solely between Seller and Purchaser/Assignee; and R.6: Seller and Purchaser/Assignee have agreed to allow Former Purchaser/Assignor to assign any and all interest and obligations under the Sales Agreement to Purchaser/Assignee; and R.7: Purchaser/Assignee is willing to assume any and all obligations associated with the Sales Agreement. R.8: Purchaser/Assignee and Seller wish to clarify the original Sales Agreement to indicate that the subject property includes both 1552 and 1554 Holly Pike, Carlisle, Cumberland County, Pennsylvania. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by all parties, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: SAIDIS SHLIFF, FLO~r,R & LINDSAY 26 W. High Street Carlisle, PA (1) ASSIGNMENT OF REAL ESTATE: For value received, I, Tammy L. DeHart, hereby agree to sell, assign, and transfer to Clyde E. DeHart, Jr., referred to in this Addendum as Purchaser/Assignee, all my right, title and interest in and to that certain Installment Agreement of Sale, dated May 10, 20C2, executed by and between Paul E. Weibley as the Seller and myself as co-buyer for the sale by the Seller and the purchase by me as the co-buyer of the real property more commonly described therein. (2) ACCEPTANCE OF ASSIGNMENT: I, Clyde E. DeHart, Jr., agree to accept the foregoing assignment, agree to assume and perform all the duties and obligations to be performed by the purchasers under the May 10, 2002 Installment Agreement of Sale referenced in tiffs Addendum to the same extent as ifI had originally been named as the sole purchaser in the Sales Agreement. I further agree to indemnify and hold Former Purchaser/Assignor harmless for any liability for performance or nonperformance of the duties and obligations assumed by me. (3) ACQUIESCENCE TOASSIGNMENT: I, Paul E. Weibley, hereby acquiesce to the assignment of rights and obligations under the Sales Agreemenl from Clyde E. DeHart, Jr. and Tammy L. DeHart, as joint purchasers, to Clyde E. DeHart, .Ir., as sole purchaser of the subject property. (4) RECORDING: All parties to this Addendum hereby agree that this Addendum shall be recorded in the Recorder of Deeds Office in and for the County of Cumberland. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. W/i~iless - tness ~ ~ - - - C~~r~chaser/~s~?nee ~ amm2p~L. Hart, Former Purchaser/Assi~r Paul E. Weibley, Seller- ~ -- (~ COMMONWEALTH OF PENNSYLVANIA : : S~. COUNTY OF CUMBERLAND : On th5 .~ day of ~r}~_ ,2004, before the undersigned officer, personally appeared Paul E. Weibley, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set thy hand and official seal. /~--~--~'~~ (SEAL) Notary ChaflK L. ~r, Jr,, ~ ~ ~ M~n T~.. Cu~ ~U~ My ~m~ion Ex~r~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA COMMONVCEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : ,~day of ~, 2004, bef~re the undersigned officer, personally On tbJs appeared Clyde E. DeHart, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Pub~ Notarial Seal Charles L. Bitner. Jr., Notary Public North Middleton Twp., Cumberland County My ~on Expires Mar. 28, 2006 Member, Pennsylvania AsSC~atio~ Of N~ades COM3/IONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On this _~J~day of .~_~t, t2.~ ~ 2004, before the undersigned officer, personally appeared Tammy L. DeItart., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Chades L. Bitner. Jn, Notary Public North Middieton Twp., Cumberland County My Commission Expires Mar. 28, 2006 Member, F~nnsylvania AsSOOatJon Of No{aries Nota~ Pub~c~ ~"' SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High SIreet Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA CLYDE E. DeHART, JR., Plaintiff TAMMY L. DeHART, Defendant No. 2004 -2543 CIVIL ACTION - LAW (In Divorce) ACCEPTANCE OF SERVICE I, Tammy L. DeHart, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce, which was filed on June 4, 2004. Dated: By: Tan'i~y L. DeHart, Defendant 1554 Holly Pike Carlisle, Pennsylvania 17013 SAIDIS SHUFF, FLOWER & LINDSAY KITORNEYS.AT.LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLYDE E. DeHART, JR., Plaintiff TAMMY L. DeHART, Defendant No. 2004 - 2543 CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2004. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce 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., Section 4904 relating to unswom falsification to authorities. Date: }~1 }4 ~}4 ,_ ~"~:t~'~ Clyde E. DeHart, Jr., Plaintiff Sworn to and subscribed before me this I~ day of 0[~ BI&., ,2004. SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS,AT*LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLYDE E. DeHART, JR., Plaintiff TAMMY L. DeHART, Defendant No. 2004 - 2543 CIVI~L ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2004. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce 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., Section 4904 relating to unsworn falsification to authorities. Date: $~1}4~4 k._. ~ Clyde E. DeHart, Jr., Plaintiff Sworn to and subscribed before me this Iq~ day of 0~ ~&~, ,2004. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLYDE E. DeHART, JR., Plaintiff TAMMY L. DeHART, Defendant No. 2004 - 2543 CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a f'mal Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Clyde E. DeHart, Jr., Plaintiff SAIDIS 'IF, FLOWER LINDSAY ~}RNEY$*AT~'LAW ~/. High Street :arlisle, PA 'iN THE COURT OF COMMON 'PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLYDE E. DeHART, JR., Plaintiff V. TAMMY L. DeHART, Defendant No. 2004 - 2543 CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT SAIDIS SHUFF, FLOWER & LINDSAY A~'ORNEYS,AT,,LAW 26 W. High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2004. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. ! 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., Section 4904 relating to unsworn falsification to authorities. Date: ,oi~¢11 0~ ¢'&"'p,,>_ ~/~-~/~ Tam~y~.~De'Hart, Defendant Sworn to and subscribed before me this ~b~e...- day of CX~~ ,2004. OCT 1 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLYDE E. DeHART, JR., Plaintiff V. TAMMY L. DeHART, Defendant No. 2004 - 2543 CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. o I understand that I will not be divorced until a Divorce Decree is emered by the Court and I further understand 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 Waiver 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 unswom falsification to authorities. Date: · DeHart, Defendant SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYSoAT,LAW 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS*AT,LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLYDE E. DeHART, JR., Plaintiff V. TAMMY L. DeHART, Defendant No. 2004 ~ 2543 CIVIL ACTION - LAW (In Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of the Complaint: Defendant Accepted Service of the Complaint in Divorce on June 5, 2004. The Acceptance of Service was filed and docketed at the above-referenced docket number on June 7, 2004. o As required by Section 3301(c) of the Divorce Code, Plaintiff executed his Affidavit of Consent on October 14, 2004 and Defendant executed her Affidavit of Consent on October 12, 2004. The respective Affidavits were filed with the Court on October 15, 2004. Related claims pending: None. A Property Separation and Settlement Agreement was executed on June 6, 2004 and filed on June 7, 2004. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Waivers dated for October 13, 2004 and subsequently filed their respective Waivers of Notice of Intention to Request Entry of Divorce Decree on October 15, 2004. Date: {~A, tt~eyI. D. No. 87954u 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CLYDE E. DeHART, JR., OF CUMBERLAND COUNTY STATE OF PEN NA. Plaintiff NO. 2004-2543 (Civil Term) TAMMY L. VERSUS D~RART, Defendant DECREE IN DIVORCE , IT IS ORDERED AND DECREED THAT Clyde E. DeHart, Jr. , PLAINTIFF, AND Tammy L. DeHart , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN rAISED OF rECOrd IN This ACTION For WhiCh a FINAL ORDER has NOT YET BEEN ENTERED; The parties' Property Settlement and Separation Agreement, June 6, 2004, is herein incorpora~ed, hut not merged. BY THE COURT', PROTHONOTARY