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HomeMy WebLinkAbout10-1127FI-R`t r , Tt 7T,??Y LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire 2010 FEB 17 A,"" 8: 32 PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Plaintiff JUSTIN K. BENNAGE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JESSICA L. BENNAGE : NO.2010- 107 CIVIL TERM Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR /ll/ 1-45-'7.06 f11? Sa fle`- 6110- 3s-/6 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff JUSTIN K. BENNAGE Plaintiff V. JESSICA L. BENNAGE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO.2010- f 7 CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Justin K. Bennage, an adult individual who has resided at 707 Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania since on or about April 26, 2006. 2. Defendant is Jessica L. Bennage, an adult individual who has resided at 707 Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania since on or about April 26, 2006. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 9, 2003, in Shamokin Dam, Snyder County, Pennsylvania. 5. Plaintiff and Defendant separated on December 25, 2009. 3 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers that the marriage between the parties is irretrievably broken. 10. Plaintiff requests the court to enter a decree in divorce. WHEREFORE, Plaintiff prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: That a decree in divorce be entered dissolving the marriage between the two parties. LAW OFFICES OF PETER J. RUSSO, P.C. Date: Attorneys for Pla' Peter J. Russo, Esquire I D # 72897 SoElizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 4 VERIFICATION I, Justin K. Bennage, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 7 Date: 2- ?1- IG 5 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff 2010 FEB 19 1'r; 1: 3 7 JUSTIN K. BENNAGE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JESSICA L. BENNAGE NO.2010-112_-l CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Jessica L. Bennage, or my authorized agent, accept service of the attached Divorce Complaint and any accompanying documentation, in the above captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept service on behalf of the Defendant. Dated: l7 /U J ssica nnage 7 Cocklin Street Mechanicsburg, PA 17055 It-, % JUSTIN K. BENNAGE Plaintiff V. JESSICA L. BENNAGE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010- 112-l IN DIVORCE n ?3. rt-? ?.a tT'rr, CIVIL TERM' N O 9.0 iJ 0 STIPULATED PROPERTY SETTLEMENT AGREEMENT --j THis AGREEMENT is hereby made and entered into this I-]AV\ day of !Fe)Or 1.AW \, 2010, by and between JUSTIN K. BENNAGE (hereinafter "Husband") and JESSICA L. BENNAGE (hereinafter "Wife"). Witnesseth: Whereas, the parties hereto are Husband and Wife, having been married on August 9, 2003; Whereas, marital differences and difficulties have arisen between the parties; Whereas, the parties separated on December 25, 2009 (hereinafter "Separation Date") and intend to continue to live apart and desire to forever completely settle separation of their marital and non-marital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship; Page 1 of 24 JKB_?j JLB_,_ L=R Whereas, Justin K. Bennage is represented by Elizabeth J. Saylor, Esquire of the Law Offices of Peter J. Russo, P.C.; Whereas, Jessica L. Bennage has been provided the opportunity to retain legal representation but has decided to proceed without counsel; Whereas, the parties have had adequate time and opportunity to consult with legal counsel; Whereas, both parties acknowledge that they are satisfied with any legal advice received and they understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if Page 2 of 24 JKB S?'(3 JLB Lb he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES a. Husband shall assume all payments, including all loan payments, insurance and repair bills connected with the 2005 Chrysler Pacifica, and Wife agrees to take whatever steps are necessary to place title of said vehicle in Husband's sole name. With respect to this vehicle, Wife agrees that Husband shall retain possession of and retain as his sole and separate property the aforementioned vehicle with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Husband by virtue of this paragraph. b. Wife shall assume all payments, including all loan payments, insurance and repair bills connected with the 2002 Mazda Protege, and Husband agrees to take whatever steps are necessary to place title of said vehicle in Wife's sole name. With respect to this vehicle, Husband agrees that Wife shall retain possession of and retain as her sole and separate property the aforementioned vehicle with all Page 3 of 24 J KB ??SV JLB J C tom. responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this paragraph. 4. ASSUMPTION OF MARITAL DEBT The parties have outstanding real estate debt/responsibilities, which shall be assigned as set forth in Paragraph 6 below. Aside from the debt set forth in Paragraph 6 below, the parties heretofore set forth that the only other marital debt outstanding is credit card debt. Specifically, the parties have two (2) credit cards held in Husband's name; a Visa card carrying an approximate balance of $783.00 and an American Express card carrying an approximate balance of $838.00. Upon the Move Out Date the parties shall pay all of the aforementioned credit card debt as set forth in Paragraph 9 below. For the purpose of this Agreement, the Move Out Date shall be defined as the date of the first happening of the following: (1) Wife moves out of the marital residence, (2) Husband moves out of the marital residence, or (3) Wife and Husband move out of the marital residence. It is specifically agreed by the parties that any payment or obligation due under this Agreement shall not be dischargeable in bankruptcy. Page 4 of 24 JKB_? JLB .) L_U 5. DISTRIBUTION AND RELEASE OF MARITAL DEBT With the exception of liens against motor vehicles and those set forth in Paragraph 4, the parties agree: a. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the Separation Date. Wife represents and warrants to Husband that, since the Separation Date, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and hold Husband harmless from any and all claims or demands made against his or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. b. Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the Separation Date. Husband represents and warrants to Wife that, since the filing of Separation Date, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and Hold Wife harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. 6. MARITAL RESIDENCE AND CONTENTS MARITAL RESIDENCE During the course of this marriage, the parties resided at the marital residence Page 5 of 24 JKB S JLB JL--U located at 707 Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania, deeded and titled in the names of both Husband and Wife (hereinafter "Marital Residence"). Both parties agree as follows with respect to the Marital Residence: a. The Martial Residence shall remain in the same condition, and inclusive of the same fixtures, appliances, parts and personal property as on the Separation Date, except that the parties may make any improvements that are mutually agreed upon; b. Husband and Wife shall, at a time and in a manner mutually agreed upon, list the Marital Residence for sale; c. Husband and Wife shall sell the Marital Residence for a price and upon the terms mutually agreed upon; d. the net proceeds and/or loss of the sale, after reasonable and customary settlement charges and the payment of any outstanding liens, including, but not limited to any mortgage(s) and/or HELOC, shall be divided equally between the parties. CONTENTS a. The parties shall transfer and assign their rights, title, claim and interest in specific property. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances in which she has in her possession on the Move Out Date. b. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances he Page 6 of 24 JKB JLB 6-1 has in his possession on the Move Out Date. 7. MISCELLANEOUS PROPERTY - PERSONAL AND MARITAL It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or non-marital property will be deemed the property of the physical possessor of said property on the Move Out Date. 8. RETIREMENT ACCOUNTS The parties shall keep all IRA's, 401 k's and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party. 9. JOINT ACCOUNTS The parties currently have a money market and a checking account held in both names (hereinafter collectively "Accounts"). At a mutually agreed upon time on or before the Move Out Date, the parties shall pay all Credit Card Debt set forth in Paragraph 4 above from the funds held in the Accounts. Upon the payment of said debt, the parties shall equally divide the remaining funds in the Accounts, and terminate the Accounts and each party shall take those steps necessary to have the other removed as a responsible party from the Accounts. The parties further specifically agree that all bank, savings, cash and checking accounts aside from the Accounts shall become the sole property of the party named on the account, to which the other party hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest thereto and shall Page 7 of 24 JKB_,? IL6 J LB be indemnified and his/her property held harmless from any and all past, present or future liability, cost or expense, including actual attorney's fees, related to and/or incurred by the account holder in connection with said account. 10. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return. 11. POST SEPARATION PROPERTY Wife forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Husband after the Separation Date; Husband in the same manner forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Wife after the Separation Date. 12. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance Page 8 of 24 JKB_?? JLB _? L1? with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. a. Not later than ninety-seven (97) days following service of the Divorce Complaint or within seven (7) days of the execution of this agreement, whichever is later, both Husband and Wife shall have executed an Affidavit consenting to the entry of a final degree in divorce. Further both parties shall execute a Waiver of Notice of Intention to Request Decree under Section 3301(c) of the Divorce Code of 1980, as amended. b. Husband shall cause the Affidavits and Waivers to be filed of record and the divorce finalized. c. The right to request counseling is hereby waived by the parties. 13. ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do Page 9 of 24 J KB \J JLB LLa hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 14. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 15. INCOME TAX RETURNS Husband and Wife agree to file joint tax returns in 2010 for the 2009 tax year and shall file individual tax returns for each year thereafter unless mutually agreed otherwise by the parties. Any refund and/or debt owed to or paid by any taxing authority for the 2009 tax year shall be divided equally between the parties. 16. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she Page 10 of 24 JKB JLB -) LB may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 17. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. Page 11 of 24 JKB- JLB J Ce 18. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching parry shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either parry in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 19. RE-ACKNOWLEDGMENT Each parry acknowledges that it may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment Page 12 of 24 JKBJ JLB L rules and provisions of any such Court. 20. ADDITIONAL INSTRUMENTS Within no more than fifteen (15) days after demand therefore, each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 21. CUSTODY PROVISION a. Legal Custody. The parties shall share legal custody of Autumn Elise Bennage, born November 15, 2004, and Jace Christopher Bennage, born August 11, 2006, (hereinafter the "Children") and agree that major decisions concerning their Children, including, but not necessarily limited to, the Children's health, welfare, education Page 13 of 24 J KB_? J LB J L-B and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Day to day decisions shall be the reasonability of the parent then having physical custody of the Children. With regard to any emergency decisions which must be made, the parent having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Section 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. b. Physical Custody. Immediately upon the Move Out Date, Mother and Father shall have shared physical custody of the Children as follows: Father shall have overnights with the Children every Monday, Tuesday, and Wednesday, and every other Saturday. Mother shall have overnights with the Children every Thursday, Friday, and Sunday, and on the alternating Saturday. Custody exchanges shall occur at a place mutually agreed upon by the parties. Page 14 of 24 JKB ' C JLB 3 c. Holidays. The Holiday schedule shall be as mutually agreed upon between the parties. d. Transportation. Unless otherwise mutually agreed by the parties, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. e. Vacation. The parties each shall be entitled to two (2) non-consecutive weeks of vacation, and shall provide the other parent written notice of the dates of said vacation, which shall be on a first come, first serve basis. However, both parties shall provide the other with complete addresses and telephone numbers where they can be reached during any vacation with the Children. f. If for any reason either party wishes to take the Children out of the State, that party must give the other party at least thirty (30) days notice and provide the other party with complete address and telephone numbers where they can be reached while out of state. g. If for any reason either party believes that he or she will be unable to be present with the Children for a period greater than eight (8) hours during his/her custodial time, he/she shall provide the other party with advanced notice and allow the other party to exercise his or her right to pick up the Children at the other party's residence for the duration of the parent's absence. Page 15 of 24 Q?ki3 JLB L13 h. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well being of the Children and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the Children's school, physician, psychologists or other individuals concerning the progress and welfare of the Children. L Telephone Calls. Both parties shall have the right to reasonable telephone contact with and/or in regards to the Children during the other party's period of custody. Neither party shall prevent the other party's contact with the Children or prevent the Children from calling the other parent, providing that the phone calls are not excessively frequent or too long in duration as to disrupt the Children's schedule. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party to the Children or to the other parent concerning the Children. The parties agree not to contact each other for reasons other than those relating to the Children. j. Smoke/ Drink/ Illegal Substances. No parent shall smoke in any part of a confined area with the Children present and neither parent shall permit another person to smoke in any part of a confined area with the Children present. Neither Mother nor Father shall drink alcoholic beverages excessively or consume illegal substances when in the presence of the Children. Page 16 of 24 JKB ,)W JLB L\ k. Each parent agrees not to attempt to alienate the affections of the Children from the other and will make a special effort not to do so. Both parents shall establish a no conflict zone for the Children and refrain from making derogatory comments about the other parent or third parties in the presence of the Children and, to the extent possible, shall not permit third parties to make such comments in the presence of the Children. 1. The parties acknowledge and agree that this Stipulation and Order shall supercede all prior Orders and is intended to be a final Order based on an agreement of the parties. 22. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 23. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant Page 17 of 24 J K B JLB JL--e) of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 24. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. Any waiver by either party of any provisions of this Agreement of any right or operation hereunder, shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right, or option and the failure of either party to Page 18 of 24 JKB ?KQ JLB ,?L insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 25. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings, undertakings or agreements other than those expressly set forth herein. 26. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of Page 19 of 24 JKB-?kB JLB 5 L 1? this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 28. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 29. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 30. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. 31. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. Page 20 of 24 JKB S` JLB L-3 32. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement, which shall be the date on which the last party signs this document. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 21 of 24 J KB_ ?? JLB, La IN TESTIMONY WHEREOF, witness the signature of the parties hereto this 1-14" day of _ Fehyuw , 2010. 1 &jn (-? 1l '?t 0 Witness for Justin K. Bennage Witness for Jessica L. Bennage sica en age Page 22 of 24 JKB JLB C? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. On this, the ! 7 day of 1-ebcU??-cti? , 2010, before me, a Notary Public, personally appeared Justin K. Bennaae and in due form of law acknowledged the foregoing Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this 1-7 _ day of r? ?o n xa=? , 2010. Notary Pu li COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ashley Sipe, Notary Public Hampden Twp., Cumberland County My Commission Esplres Oct 12, 2011 Member, Pennsylvania Assodatton of Notaries Page 23 of 24 JKB JLB L a\ A . % COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0 . :SS. On this, the \Z day of l-e 10j] , 2010, before me, a Notary Public, personally appeared Jessica L. Behnage and in due form of law acknowledged the foregoing Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this 1-7 day of R::>- in n r_& T, 2010. Notary Pubic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ashley Slpe, Notary Public Hampden Twp., Cumberland County My Commlaaon E)Ores Oct. 12, 2011 Member, Penn"anla Aw4atlon of Notaries Page 24 of 24 JKB JLB J?-? V LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff ~~ ~tI.ED~,~~z'IGE pk j Lf,'?h,~~~tAn1 20tQ JG~~ -t, P~3 i2~ 3~ CU~'~h c. Yom. J~.f~~~~~' ! JUSTIN K. BENNAGE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~• CIVIL ACTION -LAW JESSICA L. BENNAGE N0.2010-1127 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint filed on February 17, 2010: Hand Delivery to Defendant, who accepted service on February 17, 2010, which Acceptance of Service was filed on February 19, 2010. 3. Date of execution of the Affidavit of Consent and Waiver of Notice required by § 3301(c) of the Divorce Code: (a) By Plaintiff Justin K. Bennage, on June 1, 2010; (b) By Defendant Jessica L. Bennage, on June 1, 2010. 4. No other related claims are pending. 5. Plaintiff's and Defendant's Affidavits of Consent and Waivers of Notice are being filed with the Prothonotary simultaneously herewith. LAW DICES OF PETER J. RUSSO, P.C. Attorneys for l~intiff Peter J. Russo, Esquire I D # 72897 Elizabeth J. Saylor, Esquire I D # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 Date: .~ U LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff JUSTIN K. BENNAGE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~• CIVIL ACTION -LAW JESSICA L. BENNAGE N0.2010-1127 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Praecipe to Transmit Record and Proposed Divorce Decree upon the person(s) and in the manner indicated below: U.S. Mail addressed as follows: Jessica L. Bennage 707 Cocklin Street Mechanicsburg, PA 17055 Defendant Date: (lI 3 jn Amber L. Southard, Paralegal /~ U LAW OFFICES OF PETER J. RUSSO, P.C. FlLED-t~'.~=~~ BY: Elizabeth J. Saylor, Esquire j~F ~~ ~?~GN~~^:~3TARY PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 ZDIQ JUG -4 PM l2~ 37 Mechanicsburg, PA 17050 ~~ J`_ ~~`.r~ ~,~~,~-~,~ Telephone: (717) 591-1755 P~~JIv~~Ltl,~,t~1A Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff JUSTIN K. BENNAGE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW JESSICA L. BENNAGE N0.2010-1127 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed and served on Defendant on February 17, 2010. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: - l C7 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attomeys for Plaintiff JUSTIN K. BENNAGE Plaintiff v. JESSICA L. BENNAGE Defendant FfL~Q-t:.t~i-i :~ 20I0 J~~d -4 Pig I2~ 3? CUM~:::~;~.;~~. ~~ :.~~UN~tY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2010-1127 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: - - O FlLED-~~PF~~~E LAW OFFICES OF PETER J. RUSSO, P.C. f}F 'il-Ic ~'"ni~`~r'L`i~~~ BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 zQ~p ~}~~ -!~ p~; ~~: 37 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 CUM~c:':~~;,_,'~ ,+~ ~,~~..~Lil\iiY Telephone: (717) 591-1755 Fi~l~tiSYL'J~"~`~~ Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff JUSTIN K. BENNAGE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW JESSICA L. BENNAGE N0.2010-1127 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed and served on Defendant on February 17, 2010. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 1 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff JUSTIN K. BENNAGE Plaintiff v. JESSICA L. BENNAGE Defendant ''~' ?h~ ~'~~~~';''~'r'7~1RY 2Q10 J!,'t~ -~ P~ 12~ 37 C~1~Vilr~'='.~ a +:~:~J~ ii~JTY PCNE~u'~V~{~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2010-1127 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~' JUSTIN K. BENNAGE V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA L. BENNAGE NO 2010-1127 CIVIL TERM DIVORCE DECREE AND NOW, w~ ~- ~ 2- ~ t' ~ , it is ordered and decreed that JUSTIN K. BENNAGE plaintiff, and JESSICA L. BENNAGE ,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.") Stipulated Property Settlement Agreement dated February 17, 2010 and filed February 19, 2010 is herein incorporated but not merged. By the Court, ~~ ~ G~f~kst: J ~ J. / Pr honotary l~ ~ l o • 1 O ~ Cer-~. cc,~~ ~s r~ l ecj (o • ~ O ~ l D Norh cs~. rnau ~.e.~ -~ -b (~~cao ~i ~.-~-.