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HomeMy WebLinkAbout10-1091MAUREEN L. HERR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. /6- jog/ CIVIL TERM n DAVID M. HERR, CIVIL ACTION - LAW' rri Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against t -claios et forth in the following pages, you must take prompt action. You are warned`tha yocgail 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 FLOWER & LINDSAY 26 West High Street Carlisle, PA I/f pow (? Jj /a lt _.k Ma atas, Esgrtire Attorne .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff s 3? a 'Jo 35 . S? 1 Ct! J tiT .s? 9°c 47 Ck,l ?JN3 e- 1-3.7 MAUREEN L. HERR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10 ?d y CIVIL TERM DAVID M. HERR, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Maureen L. Herr, an adult individual currently residing at 16 Briarwood Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is David M. Herr, an adult individual currently residing at 16 Briarwood Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 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 April 25, 1987 in Camp Hill, Cumberland 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 SAH31S, FLOWER & LIlVDSAY 26 West High Street Carlisle, PA Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that she has 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 EQUITABLE DISTRIBUTION 11. The averments in paragraphs 1 through 10 are incorporated hereto as if fully set forth herein. 12. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Maryou as, Esquire Attorne 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: ;j j i I f 0 Counsel for Plaintiff SAIDIS, )FLOWER & LE'qDSAY 26 West High Street Carlisle, PA MAUREEN L. HERR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. CIVIL TERM DAVID M. HERR, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION 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. M UREEN L. HERR Date: SAWIS, LINDSAY 26 West High Street Carlisle, PA SAIDIS, FIAWER Sz LINDSAY nrromvExs..>T uw 26 West High Street Carlisle, PA MAUREEN L. HERR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-1091 CIVIL TERM DAVID M. HERR, CIVIL ACTION -LAW Defendant IN DIVORCE -_';.~' ~ a ~~~ i ~ ~m i~ ~ j AFFIDAVIT OF SERVICE ~ ' '~' '""1__r"~:r I, Marylou Matas, Esquire, being duly sworn according to IaS~ hereby c:;2 ~- :~ deposes and says that on February 17, 2010 she served a true and correct copy of a Divorce Complaint upon David M. Herr, by mailing those documents to the his address at 16 Briarwood Court, Mechanicsburg, PA 17050, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, David M. Herr. Dated: Z~ (~ ~ 2U~ 0 Respectfully submitted, SAIDIS, FLOWER & LINDSAY Mar~loG,M as, Esqui ID No. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff h MAUREEN L. HERR, Plaintiff v. DAVID M. HERR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1091 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ^ Complete items 1, 2, and 3. Also complete item 4 ff Restricted Delivery is desired. ^ Print your name and address on the reverse so thaxi we can return the card to you. - ^ /1~1rch this card to the back of the mailpiece, in the front if space permits. 1. le F~ddressed to: °'~ ~ 0.C`LU44Cjv COl1~~ ~I~ t C Sb~I.Y~ , ~ ~r J I ~"I'C~S6 A. Signature , ^ ~~ X ~~ ^ Addrrss•e B. R ved by (Printed Name) C. Date of DeNvery D. Is delhre~y address cyF m nP,y ^ Yes If YES, enter deli ddress below: ~ ~ 17 X10 ~ ,~' ~ i 3. Service Type ~/ ^ Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Men~tarldlee ^ Insured~Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fse) G6 Yes. 2. Article Number 7009 225(7 0~~2 8246 3323 (Transfer from service labeQ Domestic Return Receipt 102595-02-M-1540 PS Form 3811, February 2004 _ __ _ __- - ti MAUREEN L. HERR, IN THE COURT OF COMMON PLEAS C--) Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA I-- - rnco =-.n v. NO. 2010-1091 CIVIL TERM ? m Z;o c:i .< rn--- - r- W ;7j DAVID M. HERR, CIVIL ACTION - LAW ° Defendant IN DIVORCE T' =CD 5:c: C-) 'r r J PROPERTY SETTLEMENT AND SEPARATION AGREEMENT -wc THIS AGREEMENT made this AM, day of , 2010, BETWEEN DAVID r M. HERR, of 69 Aspen Road, Dillsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND MAUREEN L. HERR, of 16 Briarwood Court, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: RA: The parties hereto are husband and wife, having been joined in marriage on April 25, 1987, in Camp Hill, Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 2010-1091, Civil Term; and R.3: The parties hereto desire to settle ,fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: 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. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration 1 and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful 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. 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. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 16 Briarwood Court, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "the Premises.") The parties agree to list the Premises for sale with a realtor of Wife's choosing. The parties shall sign a listing agreement within two weeks of the date of execution of this Agreement, and shall follow the recommendations of the realtor with regard to any sale price or reductions thereof. The parties shall cooperate with the signing of any and all documents necessary to sell the Premises, including all settlement statements and the deed. The parties shall share equally the cost of all maintenance and improvement expense, as recommended by the realtor, to ready the Premises for sale, and/or maintenance as may be necessary in the event of repair pending sale. Wife shall forward copies of all receipts to Husband; Husband shall make payment to Wife for his share of the expense which shall be submitted to Wife within fifteen (15) days of his receipt thereof. 2 In addition, pending sale, the parties shall equally divide all household expenses including, but not limited to, mortgages and liens of record, insurance and real estate taxes in connection with the Premises. With regard to all such expenses, Husband shall make a payment to Wife in the amount of FIVE HUNDRED FORTY DOLLARS AND 00/100 ($540.00) each month for his portion of the monthly expenses. Husband shall make the payment to Wife no later than the 5t' day of each month. Wife shall be responsible for paying the mortgage, utility bills, taxes and insurance to the appropriate creditors as the bills are due. Commencing on the date of execution and continuing until the settlement on the Premises Wife shall be permitted to reside in the Premises to the exclusion of Husband. During the ownership of the Premises, each of the parties warrants and agrees that he or she will not cause any lien or allow any judgment to be filed against his or her interest in the Premises. Furthermore, should any lien or judgment be placed against the Premises, the party responsible for the indebtedness shall take all actions necessary to have the lien or judgment dismissed. The party against whom a lien or judgment is asserted shall keep the other party exonerated and indemnified against and held harmless from all such liability and/or indebtedness, including reasonable counsel fees, which are incurred in connection with such maintenance or resulting from such costs or the other party's ownership interest in the Premises. Upon settlement of the Premises, there shall be deducted from the gross selling price the following: (1) all normal settlement charges; (2) mutually agreed upon commissions due to brokers, if any; (3) real estate taxes, sewer rent and other legally chargeable sums as normally appear at the time of any closing (which were not otherwise the obligation of one of the parties pursuant to the terms of this Agreement); (4) the then current balance of the Mortgage, (and all charges, interest and penalties owed under the Mortgage) (which were not otherwise the obligation of one of the parties pursuant to the terms of this Agreement); and (5) reasonable 3 expenses incurred by Wife to maintain the property for sale (including but not limited to, maintenance, repairs) for which she shall be reimbursed at the time of settlement on the Premises. Thereafter, the balance of the proceeds is then to be divided equally between the parties. In the event there exists a deficiency so that the proceeds from the sale of the house is not sufficient to pay the mortgage, and current existing liens, the parties shall divide equally any deficiency, except that if one party has failed to make a mortgage payment or pay any other obligation due herein pursuant to this paragraph, he or she shall be responsible for that excess deficiency individually. Notwithstanding the foregoing, if payments must be made due to the failure of one of the parties to fulfill their obligations pursuant to the terms of this Agreement (e.g. pay the real estate taxes or mortgage), the amount required to be paid to cover those obligations shall be deducted from the share that party would otherwise have received. Should either of the parties die before the Premises has been sold, the surviving party shall receive their allotted percentage share of net proceeds of sale as defined herein and the remaining allotted percentage share shall be distributed to the decedent spouse's estate or beneficiary. Husband owns or has an interest in a 1972 Caravelle house trailer, purchased in 2005, which is currently located at 117 Cherry Lane, Dillsburg, PA. From the date of execution of the Agreement, Wife waives all right, title and interest in the trailer and shall not access the trailer. Husband shall have sole and exclusive possession of the trailer from the date of execution of the Agreement forward. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no 4 other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: L State Farm in the approximate amount of $16,000. ii. Chase in the approximate amount of $5,200. iii. Citibank in the approximate amount of $5,400. iv. Bank America in the approximate amount of $3,000. V. Bank America in the approximate amount $7,000. vi. Bank American in the approximate amount of $20,000. vii. Husband's individual credit card debt in the amount of $35,000 owed to various creditors, including card companies and lenders. 1: Husband shall pay the obligations in his individual name, by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. Husband shall confirm that the debts listed in paragraph vii are debts due in his name individually by forwarding copies of his credit card report to Wife or Wife's counsel within ten (10) days of execution of this Agreement. In the event that there exists any joint obligation, Husband shall remove Wife's name as a responsible party within thirty (30) days of execution of this Agreement by transferring the loan to his name individually. Husband shall provide a statement from each creditor within thirty (30) days of execution of this Agreement that none of the obligations listed in vii are obligations for which Wife is responsible. Further, in the event that Husband fails or refuses to transfer the loan to his name individually, Wife shall have the right to initiate an alimony action to which Husband shall not defend to collect the balance of the joint debt in equal monthly payments, plus interest at the rate the creditor collects. 2: Wife shall pay the obligations to the creditors listed in i through vi, by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. Wife 5 shall provide a statement from each creditor within thirty (30) days of execution of this Agreement that none of the obligations listed in i through vi are obligations for which Husband is responsible. Each party shall pay the outstanding joint debts as set forth herein 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. Each party shall pay all debts incurred by them individually or listed in their name individually 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. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on February 12, 2010, 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 (5) MOTOR VEHICLES: Wife shall retain the 2005 Ford Mustang, the 1999 Honda Civic and the 2005 Saturn. Husband shall relinquish any right, title and interest he may have in these vehicles. Wife shall maintain responsibility for payment of the loan encumbering the Saturn; Wife shall indemnify and hold harmless Husband from any collection activity whatsoever related to this loan. Both the 2005 Ford Mustang and 2005 Saturn are held in joint names. Within ten (10) days of execution of this Agreement, Husband shall sign whatever documents necessary to transfer the vehicles to Wife's name individually. Wife shall be responsible for the cost of any and all transfer tax, registration and maintenance associated with the vehicles she receives and 6 retains. Husband shall retain the Exterra vehicle. Wife shall relinquish any right, title and interest she may have in that vehicle. In the event this vehicle is tilted in the parties' names jointly, then within ten (10) days of execution of this Agreement, Wife shall sign whatever documents necessary to transfer the vehicles to Husband's name individually. Husband shall be responsible for the cost of any and all transfer tax, registration and maintenance associated with the vehicles he receives and retains. (6) TANGIBLE PERSONAL PROPERTY: 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 each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party 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, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such 7 policies to the respective party who presently owns such policies. (9) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente life. (10) MEDICAL INSURANCE: From the date of separation forward, previously identified as February 12, 2010, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Wife shall maintain coverage for Husband's health insurance and shall maintain that coverage until the time a final decree in divorce is entered. Upon entry of the decree in divorce, Husband shall elect his own health, medical and dental insurance, either under the applicable provisions of COBRA, with Wife's group health insurance or another comparable plan. (11) ADVICE OF COUNSEL: Wife has been represented by Marylou Matas, Esquire of Saidis Sullivan Law. 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 8 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. (12) EFFECT OF DIVORCE DECREE: This Agreement shall not be incorporated into, nor become part of, nor merge into, any decree in divorce which may be entered with respect to the parties. It shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, and its provisions shall not be affected by the entry of such a decree, surviving any such final divorce and remaining independent of such divorce. Notwithstanding the foregoing, the court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include but not 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. (13) 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. (14) INCOME TAX: A: Past Returns. Each party represents that, to the best of his or her 9 knowledge, all income tax returns and other documents required to be filed with the Internal Revenue Service and any other taxing authority for the years of their marriage through 2009 have 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 those years 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 the other 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 against and hold each other 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 paid solely and entirely by the other 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. Each party shall choose the counsel to represent him/herself in the matter and shall have the sole right to decide whether to contest and/or to settle any such deficiency or claim. B: Wife agrees, upon the request of Husband, to join in the filing of a 2010 joint federal, Pennsylvania income tax return, and local tax return. In the event that a joint return is filed, the parties shall share equally the cost of any tax preparation. The parties shall share any refund due and shall share equally any deficiency proposed. C. For any tax years in which the parties file separately, Wife shall claim the parties' child(ren) as dependents for so long as they are able to be claimed as dependents on a 10 return. (15) 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 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. (16) WARRANTY OF DISCLOSURE: Husband and Wife represent and warrant that they have informally disclosed to each other in full their respective assets (including the basis and holding period of such assets, where applicable), liabilities and income [and expenses], valued as of the date of separation of the parties, and as of the date of execution of this Agreement that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. The parties acknowledge that: (a) no formal appraisals have been conducted and that the 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, including regarding valuation of the real estate, retirement, life insurance vehicle and/or any other investment accounts, and any 11 further statement in this Agreement regarding disclosure, is specifically waived and each party waives any right which he/she may have to receive such additional disclosure or to challenge the validity of this Agreement on the grounds that he/she did not pursue such additional disclosure. (17) 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. (18) 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 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. (19) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; 12 D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (20) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (21) INCORPORATION INTO DECREE: In the event that either of the parties shall 13 recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (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: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. 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. WITNESS: d 11?1? L? Date 4CAVM.HERR io AA kAXPI VAN, J Jlb Z, [date REEN L. HERR- 14 COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF 0WMBER64ayX< C7Y)Ae? On this _ Achy of , 2010, before me, the undersigned, personally appeared DAVID M. HERR, 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. WIN sow Edo D. VV411W, Public CwmN Tvq., Yor" M COmrtdNiOf? !M May 2A T012 NM~, FeWdywn A090110 Of ary Public COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On this day of 1 )QYt-/L1LA-, 2010, before me, the undersigned, personally appeared MAUREEN L. HERR, 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. 1016(?Ijs otary ublic A BARBARA E. STEEL, Notary Public Carlisle Boro, Cumberland County, PA My Commission Expires June 7, 2011 15 : IN THE COURT OF COMMON PLEAS OF MAUREEN L. LEEN f/k/a HERR : CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID M. HERR NO. 2010-1091 DIVORCE DECREE AND NOW, NX.4%b tf Itt , _ 1616_, it is ordered and decreed that MAUREEN L. LEEN f/k/a HERR , plaintiff, and DAVID M. HERR , 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 Separation and Settlement Agreement dated November 29, 2010, is incorporated, but not merged into this Decree in Divorce. By the Court, ?d •? ?%/D y?i huc"'??r ?e G