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HomeMy WebLinkAbout10-1652FILED--r-FFICE 2010 HA,R - 9 PM 12: 01 ti NTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNA K. ANDERSON, : Plaintiff CIVIL ACTION - LAW V. NO. 2010- I(or LW i ( *Te f'yV1 SCOTT C. ANDERSON, 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 0= goo PD AT711 (717) 249-3166 Ct* 00(9 U* o138(W7 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNA K. ANDERSON, Plaintiff CIVIL ACTION - LAW V. NO. 2010- SCOTT C. ANDERSON, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 1 rw day of March, 2010, comes Plaintiff, Joanna K. Anderson, by and through her attorney, Sean M. Shultz, Esquire, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Joanna K. Anderson, who resides at 525 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Scott C. Anderson, who resides at 525 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania and has so been for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on August 21, 1999, in Newport, Pennsylvania. 5. The parties have been separated since January 3, 2010. 6. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 7. There have been no prior actions of divorce or annulment between the parties. 8. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNA K. ANDERSON, Plaintiff V. CIVIL ACTION - LAW NO. 2010- SCOTT C. ANDERSON, Defendant IN DIVORCE VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. J K. Anderson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNA K. ANDERSON, -> Plaintiff T, CIVIL ACTION 0A W nom' V. NO. 2010-1652 =-r;- -<A w ca ?' SCOTT C. ANDERSON, Defendant IN DIVORCE -` AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code filed on March 9, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 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 intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling a understand that I may request that the Court require that my spouse and I participate counseling prior to a Divorce Decree being handed down by the Court. 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. '., Section 4904 relating to unsworn falsification to authorities. Date: July 9, 2012 t`#`a K. Anderson IN THE COURT OF COMMON PLEAS OF C") CUMBERLAND COUNTY, PENNSYLVANIA r JOANNA K. ANDERSON, Plaintiff V. SCOTT C. ANDERSON, Defendant Moo ;CM CIVIL ACTION - LAV NO. 2010-1652 ? C) --t IN DIVORCE r..a C r° C? WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division 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 the Court and that a copy of the decree will be sent to me immediately after it is with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C. §4904 relating to unsworn falsification to authorities. Date: July 9, 2012 (:?2 __, 44-7iak J(/,gina K. Anderson r' eJ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNA K. ANDERSON, Plaintiff V. SCOTT C. ANDERSON, Defendant _,O3 rq Ca z? CIVIL ACTION - LAV153 NO. 2010-1652 _t IN DIVORCE AFFIDAVIT OF CONSENT c r- ?a -v s w 1. A Complaint in divorce under Section 3301(c) of the Divorce Code filed on March 9, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and days have elapsed from the date of filing and service of the Complaint. -rl --, F1 3. I consent to the entry of a final Decree of Divorce after service of notice intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling a understand that I may request that the Court require that my spouse and I participate counseling prior to a Divorce Decree being handed down by the Court. >f 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 Section 4904 relating to unsworn falsification to authorities. 1 Date: July 9, 2012 _ Scott C. Anderson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c JOANNA K. ANDERSON, Plaintiff V. SCOTT C. ANDERSON, Defendant ?-cl 3 v? CIVIL ACTION - LAN;6 NO. 2010-1652 IN DIVORCE C 6 CD 1 CD -?3 M. :z W Q WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) 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 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 the Court and that a copy of the decree will be sent to me immediately after it is with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C. §4904 relating to unsworn falsification to authorities. I S. Date: July 9, 2012 h _ 07010 ' 1605 3 Z -? C- ,. ?. -.r MARRIAGE SETTLEMENT AGREEMENT w .? n. r THIS AGREEMENT, made this 9th day of July, 2012, by and between Joanna K. Ande-rs n, of Cumberland County, hereinafter called "Wife", and Scott C. Anderson of Cumberland hereinafter called "Husband", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on the 21 day of August 1999 and issue of such marriage are Lydia Anderson, Joshua Anderson, Elaina Anderson; and WHEREAS, differences have arisen between Husband and Wife in consequence of they are now living separate and apart from each other; and WHEREAS, Husband and Wife desire amicably to settle and determine, finally and for time, their mutual property rights arising from said marriage. NOW, THEREFORE, in consideration of the mutual covenants herein made, as well as good and valuable consideration, the receipt of which hereby is acknowledged, the parties intending to be legally bound hereby, do covenant and agree as follows: 1. Personal Rights. It shall be lawful for Husband and Wife, at all times hereafter, live separate and apart from each other, and to reside, from time to time, at such place or places they respectively shall deem fit, free from any control, restraint or interference, direct or indirect, each other, as fully as if he or she were single and unmarried. Neither party shall molest the oth nor compel, nor endeavor to compel, the other to cohabit or dwell with him or her, by any legal or other proceedings. Each may, for his or her benefit, engage in a Page 1 of 27 employment, business or profession, as he or she chooses. None of the provisions of this shall be taken to be an admission on the part of either Husband or Wife as to the lawfulness unlawfulness of the causes leading to their living apart. In addition to the foregoing, each party may, for his or her separate use or benefit, carry on and engage any business, occupation, profession or employment which to him or to her seem advisable without any molestation or interference from the other party. In addition, and Wife both agree that each shall not molest, harass, or malign the other or the respective of each other. In addition, Husband and Wife agree that they will not enter into the home of other, for any reason, without the express permission of the other, which said permission must personally given and, therefore, not given through children or other family members. 2. Wife's Warrant As To Debts. Wife represents and warrants to Husband that she not incurred any debts or made any contracts upon which Husband or his estate may be liable, as may be otherwise referred to in this Agreement. 3. Husband's Warrant As To Debts. Husband represents and warrants to Wife that had not incurred any debts or made any contracts upon which Wife or her estate may be except as may be otherwise referred to in this Agreement. 4. Future Debts Or Liabilities. Wife shall not contract or incur any debt or subsequent to the date hereof, for which Husband or his property or estate might be responsible, she shall indemnify and save harmless Husband from any and all claims or demands made aga him by reason of any such debts or obligations incurred by her. In the event that Husband, at time hereafter, shall be obliged to pay any debt or debts incurred by Wife subsequent to the hereof, then and in such case, in addition to his other rights and remedies by law, Husband i Page 2 of 27 deduct and retain the sums he may be obliged to pay out of any future payments to Wife or for her benefit that are required to be made by him under this Agreement. Husband shall not contract or incur any debt or liability, subsequent to the date hereof, which Wife or her property or estate might be responsible, and he shall indemnify and save Wife from any and all claims or demands made against her by reason of any such debts obligations incurred by him. In the event that Wife, at any time hereafter, shall be obliged to pay debt or debts incurred by Husband subsequent to the date hereof, then and in such case, in her other rights and remedies by law, Wife may deduct and retain the sums she may be obliged to out of any future payments to Husband or for his benefit that are required to be made by her this Agreement. 5. Alimony Or Spousal Support. Wife hereby waives any and all claims she may against him now or in the future for alimony, spousal support, and alimony pendente lite, and/or similar thing. In the event that Wife retains either primary or equally shared custody of the three and a child support order is made effective in her favor, Husband shall immediately be entitled springing alimony from Wife, in an amount equal to the amount of the child support awarded min $400.00, and the terms of Child Support under Paragraph 40 below shall be terminated. However the event that the custody situation changes to Husband having primary custody, Husband shall in be entitled to springing alimony and this paragraph shall be modifiable pursuant to the Domesl Relations Code upon petition of either party. In the event Wife loses her job or must reduce her hours through no fault of her own through disability and if her income drops below $38,000 per annum gross for a period of Page 3 of 27 consecutive months (annualizing the income), this provision for springing alimony shall no apply and this section shall be modifiable pursuant to the Domestic Relations Code. included as fault can include but are not limited to: Resigning, pregnancy, firing, willful or voluntary decrease in hours or title. Should Husband's income drop below $75,000 per annum gross for a period of consecutive months (annualizing the income) this section shall be modifiable pursuant to Domestic Relations Code upon petition of Husband only. Should Husband willfully fail to make or be more than one week late in payment of two support payments under Paragraph 40 within any twelve-month period, his right to springing shall be terminated. 6. Tangible Personal Property. The parties acknowledge that each of them shall have and enjoy, independently of any claims or right of the other, all items of tangible persc property of every kind, including personal clothing, jewelry, tools and prior gifts, now or herea owned or held by him or her, with full power to dispose of the same fully and effectually, in respects and for all purposes, as if he or she were unmarried, unless otherwise specifically provic for herein. All other tangible personal property shall be divided as follows: A. Husband shall become, and is hereby declared to be, the sole owner of items on Exhibit A . B. Wife shall become, and is hereby declared to be, the sole owner of items Exhibit B. 7. Intangible Personal Property. Husband and Wife agree that all intangible Page 4 of 27 property, including, but not limited to, checking accounts, savings accounts, credit union accol life insurance, other insurance, pension plans, retirement plans, stock option plans, employr benefits and stocks and bonds, shall remain in the ownership of the person in whose name property is now titled. 8. Waiver of Pension and Other Employee Benefits The parties hereby waive any all right to claim any interest or share of each other's pension, profit sharing plans, and of i employee benefits, if any from the present or past employers, including all post-separation enhancements from the date of final separation to the date of the execution of the Agreement whe Y or not attributable to the post-separation monetary contributions of either spouse and/or the gain or loss on those post-separation monetary contributions of either spouse. The parties acknowledge that Wife has a American Funds accounts #5134 and #5135 and Northwestern Insurance# accounts that Husband has a Montgomery deferred Compensation plan and Montgomery retirement system wi h his present employer. Both parties acknowledge that they have received information regarding t e existence or non-existence of such employment benefits (including but not limited to: profit sharin , ESOP plans, pension contributions and plan and/or 401(k) and similar deferred contribution plan) and are satisfied with the information so provided. The parties acknowledge that they have be informed of their right to obtain an independent appraisal of each others retirement and employment benefit interest. Both parties agree to sign any and all documents necessary to cause the transfer of his or her interest in any pensions/employment benefit upon the request by the other spouse, if an. Further, both parties acknowledge that they understand that they must notify their employer and/ r appropriate Plan Administrator of the removal and/or change of any such beneficiary designation, f any. The execution of this Agreement is intended by the parties to operate as an effective conse t Page 5 of 27 under 29 U.S.C. Section 1055 (c), et. Seq., by the non-participant spouse to the election by participant spouse to waive QJSA and QJPS. Further, the execution of this Agreement is intender operate as a valid spousal consent in compliance with 29 U.S.C Section 1055 (c)(2)(a) which s forth the three requirements for the non-participant spouse's consent to the participant's electior waive QJSA and QJPS. 9. Life Insurance. Husband's life presently is insured under a number of policies insurance. Those policies shall be his sole property. It shall be his sole choice as to whether keeps the beneficiaries and ownership as they are or whether he changes them at any time. Wife's life presently is insured under a number of policies of insurance. Those policies sh be her sole property. It shall be her sole choice as to whether she keeps the beneficiaries a ownership as they are or whether she changes them at any time. 10. Vehicles. Wife shall become, and is hereby declared to be, the sole owner of t vehicle she is currently driving, a 2000 Honda CRV. Husband shall become, and is hereby declar to be, the sole owner of vehicle he is currently driving, a 2006 Toyota Matrix. Husband and Wi agree that each of them, upon demand by the other, shall execute whatever documents may reasonably necessary to give full force and effect to the provisions of this paragraph of tt Agreement. Such documents may include, but are not limited to, motor vehicle titles and registratii and insurance papers. Husband agrees to be solely responsible for the payment of any loan, t] repayment of which is secured by a lien on the title to any vehicle which, by virtue of this paragral of this Agreement, he is the sole owner of. Wife agrees to be solely responsible for the payment any loan, the repayment of which is secured by a lien on the title to any vehicle which, by virtue this paragraph of this Agreement, she is the sole owner of. Page 6 of 27 Each party shall be responsible for obtaining any and all automobile insurance on his or h( vehicle beginning on the date of the execution of this Agreement. i Each party shall be responsible for the encumbrance on his or her own vehicle. Ifs i encumbrance is in joint names, both parties have sixty (60) days to refinance or remove the of e party's name from the vehicle. In the event of accident, each party agrees not to claim from the other any deductible amo 1 involved in recovery from his or her insurance carrier. 11. Real Estate. The residence of the parties, situate in Cumberland County identified a 525 S. Middlesex Road, together with the improvements thereon erected, and all the contents then and thereof, except as herein specifically reserved, shall become the sole property of Wife. T deeding of the property to reflect same is to be by way of a settlement thereon, to be consummated soon as possible, but in any event within Forty-Five (45) days of the execution of this Agreemei whereby Wife shall refinance the current mortgage obligation on said residence, thus eliminating a and all liability, credit rating, credit score appearing on credit report or any similar credit reportii matter thereon by Husband and Wife shall pay the sum of one dollar ($1) Dollars in cash settlement , to Husband, in exchange for which Husband shall execute a special warranty deg conveying all his right, title and interest to the residence to Wife, free of all liens and encumbrance excepting the usual utility easements and other that were present on the property at the time purchase by the parties, and the refinance mortgage procured to make above-mentioned settleme possible, thus vesting, at settlement, title to said residence solely in Wife. Upon said settlement ar refinance, Wife shall have the sole right of possession of said premises and shall have the so obligation of paying all the expenses for said residence. If Wife as the sole property owner of tl Page 7 of 27 aforesaid residence can eliminate any and all liability, credit rating, credit score appearing on cre report or any similar credit reporting matter thereon on the current mortgage obligation by HusbE in some way other than refinancing the current mortgage obligation, so long as it is within deadline set forth hereinabove, that option is available. 12. Unpaid Bills And Charge Accounts. It is hereby agreed that other than the afores home mortgage and any car loans for which an automobile is collateral, that has been accounted hereinabove, that the parties have no other unpaid bills and/or charge accounts arising from t marriage. Wife will notify the creditors, in writing, if any, the obligations of whom now are assumed Husband, of her refusal of liability for any future charges under the existing account. Converse Husband will notify, in writing, the creditors, if any, the obligations of whom are now assumed Wife, of his refusal of liability for any future charges under the existing account. Any obligations of the parties, whether singly or j ointly, that became due or accrued betwe the date of marriage and the date of separation of these parties, but were not disposed of here whether because they have been forgotten by the parties or were unknown to exist at the time of 1 execution of this Agreement, shall be paid promptly and equally by the parties hereto, upon law demand being made therefore by the creditor or obligee. This shall include but not be limited income taxes resulting from an audit or reassessment of any return that was either jointly filed filed between the date of marriage and the date of separation of the parties, any lawsuit against t parties or either of them arising out of any obligation or cause of action occurring between sat dates, etc... 13. Federal Income Tax. Husband and Wife shall file a joint return for Federal Incor Page 8 of 27 Tax purposes, in any years when this is available to them. For any year in which they file a joint return, any underpayment or refund of income taxes shall be divided equally between the parti s, irrespective of the amounts contributed. Alternating years, beginning with the tax year of 20 2, Husband shall have the right to claim exemptions for the two children, so long as he is current on is child support obligations. In that same year, Wife will claim one child. On the odd numbered years, Husband shall be entitled to claim one child and Wife shall be entitled to claim two children. 14. Attorney's Fees. The parties hereto agree to be responsible for their own, respective counsel fees, in connection with their legal affairs hereunder, and in any divorce action between tie parties. 15. 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 t at may be reasonably required to give full force and effect to the provisions of this Agreement. 16. Certificates Of Ownership. Each party hereto covenants that he or she will execute any and all documents reasonably required to transfer title to all properties which are the subject of this Agreement. 17. Mutual Releases. Except as may be set forth specifically hereunder, Wife does hereby remise, release, quit-claim and forever discharge Husband, and the estate of Husband, and any of entities, from any and every claim that she now has, may hereafter have or can have at any tir against Husband, or in and to his estate, or any part thereof, whether arising out of any fore contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature dower, widow's rights or under the intestate laws, or the right to take against Husband's Will, or ,9 rights as a beneficiary under any insurance, profit sharing plan, pension plan or any other simi Page 9 of 27 thing, of Husband's, including anything of Husband's that might carry a beneficiary designation.] In addition, Wife hereby does remise, release, quit-claim and forever discharge Husband, and estate'of Husband, and any other entities of and from all manner of actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, claims and demands whatsoever in law or equity including claims or actions for contributions and/or indemnities of whatever na e, except for the matters set forth in this agreement and the enforcement of the matters set forth in t is agreement. Except as may be set forth specifically hereunder, Husband does hereby remise, release, quit- claim and forever discharge Wife, and the estate of Wife, from any and every claim that he now h, may hereafter have or can have at any time, against Wife, or in and to or against her estate, or a part thereof, whether arising out of any former contracts, engagements or liabilities of Wife, or way of courtesy or claim in the nature of courtesy, widower's rights or under the intestate laws, or t right to take action against Wife's Will, or any rights as a beneficiary under any insurance, pro sharing plan, pension plan or any other similar thing, of Wife's, including anything of Wife's th might carry a beneficiary designation. In addition, Husband hereby does remise, release, quit-clai and forever discharge Wife, and estate of Wife, and any other entities of and from all manner, actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreement judgments, claims and demands whatsoever in law or equity including claims or actions fi contributions and/or indemnities of whatever nature, except for the matters set forth in th agreement and the enforcement of the matters set forth in this agreement. In the event that this Agreement sets forth specifically herein any death beneficial designation, transfer of ownership, designation as alternate payee, or any other similar thing, and/( Page 10 of 27 if either party to this Agreement should chose to designate the other party as a death beneficiary, legatee or other beneficiary under a will or trust, or any other similar document, then, and only in tat event, the mutual releases set forth in this paragraph shall not apply to any such matters. However, this exception applies only to death beneficiary designations, beneficiaryships, legatee or other benefits under a will or trust, etc. as may be specifically set forth herein or as specifically set forth in a written document bearing a date after the date of execution of this agreement. i 18. Transfers And Payments Contingent Upon The Entry of A Decree in Divorce. It is specifically understood by and between the parties hereto that the conveyances, transfers and assil ments of real and personal property herein and the waiver of the respective rights of the parties alimony, alimony pending the divorce, spousal support, counsel fees, and costs are all ma contingent upon the entry of a valid and final Decree of Divorce, severing and terminating t marital relationship between the parties hereto. Husband and Wife have the obligation to take t steps necessary to obtain a final Decree in Divorce, and in default thereof by one party, the otr party shall have the sole option to declare this Agreement null and void, or the other party shall ha the right to any other remedies that he or she may be entitled to by law, including, but not limited 1 specific performance of this Agreement and all of its provisions. Husband and Wife are obligated file the necessary documents to obtain a divorce within one hundred (100) days of the date of servi of the Complaint in Divorce, and both agree that they will do nothing to oppose or impede tl process of obtaining the final divorce as soon as is possible under Pennsylvania Rules of Ci` Procedure. 19. Institution Of Divorce Action. This Agreement shall not be construed to affect or the rights of either Husband or Wife to an absolute divorce, on legal and truthful grounds, if t Page 11 of 27 now exist, or may hereafter arise. This Agreement shall not be impaired, but shall continue in force and effect, regardless of whether any such suit is instituted or concluded; thus, the terms of Agreement shall survive any divorce action (except as may be rendered inappropriate, as in the c of medical insurance which is available only to a Wife). 20. Divorce Decree To Be Granted. This Agreement shall not be impaired nor shall i merged by the granting of a Divorce Decree. This agreement shall continue in full and effect a the divorce decree is obtained and the terms shall specifically survive the granting of the Divc Decree. The provisions of this Agreement may be incorporated, included and made a part of 1 Decree of Divorce to be granted in the pending action, that being number 2010-1652, in the Courl Common Pleas of Cumberland County, Pennsylvania; and the aforesaid Court of Commons Pleas Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, shall ha jurisdiction over the parties to enforce this Agreement, but notwithstanding such incorporation, tl Agreement shall not be merged in such Decree, but shall, in all respects, survive the same, and forever binding and conclusive and unchangeable upon the parties and enforceable by the parties accordance with its terms. Further, it is agreed by the parties hereto, that within nine (90) days of the execution oft is Agreement, Affidavits of Consent and all other documents necessary to obtain a Divorce Decree, shall be executed and filed by the parties hereto, and the Plaintiff in the presently pending divorce action shall obtain the Divorce Decree under "No Fault" grounds, specifically under Section 3301( ) of the Divorce Code, and both parties agree that they will do nothing to oppose or impede e process of obtaining the final divorce as soon as is possible under Pennsylvania Rules of Ci it Page 12 of 27 Procedure. Both parties stipulate and agree that either party, by Petition or Motion, may, at any tire, request the Court to adopt this Agreement, or any devisable part thereto, such as the Child support and springing alimony part thereof, as its Order or Decree, by reference to this paragraph. I is further agreed that should either party hereto obtain a divorce, that the party obtaining said divo ce shall effect the adopting of this Agreement as part of said Divorce Decree. Both parties understand and agree that this Agreement, whether adopted as a Court Order, or not, will have the same force and effect as though its provisions were entered by the Court, as its Order or Decree, after a ffill hearing on the merits, and that, as such, this Agreement is enforceable, whether adopted as part f the divorce decree, or not, by all means contained herein, by all means set forth at law or in equity and including the power of the court to enforce these provisions by exercise of the courts contempt powers. Notwithstanding the foregoing, this Agreement shall not be impaired, nor shall it be merge by adoption as a Court Order, into the Divorce Decree. On the contrary, it is agreed by the parti hereto that this Agreement shall continue in full force and effect after the Divorce Decree is obtain and its terms shall specifically survive the granting of the Divorce Decree, it being the parties' inte. that this Agreement shall be forever conclusive upon them and enforceable by them in accordant with its terms, either in law or in equity, or as a Court Order or Decree as aforesaid. It is further tt intent of the parties that this Agreement be forever conclusive and binding on them whether or not divorce decree is ever obtained or not or whether or not a divorce action is ever filed or not. Whether this Agreement is incorporated into a Divorce Decree or not, the parties understan that this Agreement shall continue in full force and effect from the date of execution forward an Page 13 of 27 shall be enforceable by the Court of Common Pleas of Cumberland County, Pennsylvania or any other court of competent jurisdiction. 21. Adoption Of This Agreement By Court. This Agreement shall not be impaired or shall it be merged by the filing of the divorce action or by the granting of a divorce decree. This Agreement is immediately in full force and affect and will remain in full force and effect after a divorce might be filed and/or after a divorce decree is obtained and the terms of this Agreementshall specifically survive any granting of any divorce decree; in like fashion, this Agreement remains binding and enforceable and in full force and effect even if no Divorce Decree is ever granted. If this Agreement is adopted by a court of competent jurisdiction, as part of a divorce decree, or as part of any other action, this Agreement shall not be merged in any such court action or decr but shall, in all respects, survive the same, and be forever binding and conclusive and unchangea upon the parties and enforceable by the parties in accordance with it terms, except as may specifically set forth herein. Both parties stipulate and agree that either party, by Petition or Motu may, at any time, request the Court to adopt this Agreement, or any devisable part thereto, such the Child support and Alimony, as its Order or Decree, by reference to this paragraph. It is full agreed that should either party hereto obtain a divorce, that the party obtaining said divorce in effect the adopting of this Agreement as part of said Divorce Decree. Both parties understand a agree that the adoption of this Agreement as a Court Order will have the same force and effect though its provisions were entered by the Court as its Order or Decree after a full hearing on t: merits, and that, as such, the Court's contempt powers may be exercised to enforce the provisions this Agreement. Notwithstanding the foregoing, this Agreement shall not be impaired, nor shall it be Page 14 of 27 by adoption as a Court Order, into the Divorce Decree. On the contrary, it is agreed by the par0es hereto that this Agreement shall continue in full force and effect after the Divorce Decree is obtained and its terms shall specifically survive the granting of the Divorce Decree, it being the parties' int nt that this Agreement shall be forever conclusive upon them and enforceable by them in accordance with its terms, either in law or in equity, or as a Court Order or Decree as aforesaid. 22. Modification of this Agreement. Notwithstanding anything contained herein to e contrary, this Agreement and every term and covenant herein is specifically agreed by the parties and intended to be non-modifiable by any Court of any jurisdiction, whether this Agreement is incorporated into a Divorce Decree, made a part thereof, merged into a Divorce Decree and/or of made a part of any Divorce Decree. It is the specific intent of the parties that this Agreement shall not be able to be modified by any Court under any circumstances for any reason at any time except pursuant to the paragraph herein entitled "Change or Amendment". This includes, but is not limited to unmodifiability of this Agreement if a divorce is obtained or not obtained and/or the death o a party or any similar thing. 23. Marital Property Rights Under 1980 Divorce Code. The parties hereto acknowled e and agree that this Separation and Property Settlement Agreement contains in it a disposition and/ distribution of all assets and liabilities of the parties. The parties further agree that each has bey made aware of all the marital property as defined by the 1980 Divorce Code, as amended, and t] value thereof. Both parties hereby specifically waive an inventory of that property as beit unnecessary. The parties further acknowledge and agree that they each have had an opportunity, value or have appraised any and all marital property, and they do hereby waive formal appraisemei of same, and no statement or representation by either party as to value shall be deemed Page 15 of 27 misstatement or misrepresentation to the other, or be deemed fraudulent. Husband and Wife acknowledge and agree that this Agreement has been entered into fr( by both of them and is in complete settlement of all rights they have under the Pennsylvania Div( Code of 1980, as may be amended from time to time, including, but not limited to: counseli inventory and appraisement; equitable property distribution of marital property; alimony during pendency of the divorce proceedings; alimony after the issuance of the divorce deci reimbursement alimony or equitable reimbursement for contributions by one spouse to the of spouse's education, earning capacity or attainment of a professional degree; spousal support; counsel fees, court costs and expenses incurred in connection with any aspect of the part separation and divorce. 24. Effect Of Agreement. It is hereby agreed that the parties hereto have, with the ben of counsel, reviewed this Agreement carefully and studied the economic effect that it will have each party, short-term and long-term. It is further agreed the parties have entered into i Agreement in full recognition that various sums of money and/or property being distributed to 0 party or the other and/or various marital debts being taken over by one party or the other, have be i done intentionally and with due consideration being given to the overall effect that this Agreem n and the financial consequences thereof will have on both parties to this Agreement; along with t overall effect to the child(ren) of these parties and any child support that may be paid by either pait, , to the other as a result of said marital child(ren). It is specifically agreed by the parties that no aw ( or distribution hereunder of assets, be they cash or property, real or personal, and any distribution debts, is to be counted by or taken in to account by the Court of Common Pleas of this county or aii3 other court of competent jurisdiction in determining child support and/or spous Page 16 of 27 . , support/alimony/alimony pendente lite that is to be paid by one party or the other. It is further agrf by the parties that no such distribution or award of property or alimony or debts, as above mention shall be considered income nor shall any such thing be considered expenses to either party hereto purposes of determining the proper amount of child support and/or awarding child support and spousal support/alimony/alimony pendente lite under the guidelines of the Commonwealth Pennsylvania or under any other formula, Court Order, or similar calculation. Further, it is agreed by the parties hereto, that if any court of competent jurisdiction, in dii contravention of this provision of this Agreement should take into account any such distri award of property and/or distribution of debts to either party as income or expenses or in any of way a factor in determining child support and/or spousal support/alimony/alimony pendente 1 to between these parties; then, in that event, the party so benefiting therefrom agrees to pay to the party receiving the detriment therefrom an amount equal to the change in the child support and/or spou al support/alimony/alimony pendente lite, caused thereby, as additional cash, by way of prope y distribution or alimony, whichever is appropriate as determined by the party receiving the detriment and, therefore is to be done automatically, without further proceedings in equitable property distribution or similar proceedings being necessary and which shall be enforced by any court f competent jurisdiction in whatever way is necessary, including but not limited to, enforceme t beyond any attempt to escape the payment thereof by bankruptcy proceedings. 25. Indemnification Upon Breach. If for any reason either the Husband or the Wife to perform his or her obligations to the other spouse, and the other spouse incurs any expense (including, but not limited to, legal fees) in enforcing his or her rights, the spouse who fails perform the obligations agrees to indemnify the other spouse and hold him or her harmless for Page 17 of 27 and all such expenses. Such payment of costs, expenses and legal fees by the defaulting party is discretionary but shall be mandatory. The legal fees to be paid by the defaulting party to the pE who has had to bring an action to enforce this Agreement, or any other action in law or in equ shall be based upon attorney's fees at $200.00 per hour for all time spent in consultation with clie preparation of pleadings, attendance at hearings, and any and all other matters reasonably necess; to prepare for and go to Court proceedings to enforce this Agreement. Notwithstanding foregoing, but as a clarification of the foregoing, in the event of an enforcing party having to have attorney prepare a pleading with the Court for enforcement of this Agreement against the defaulti party, the minimum attorney's fees to be paid by the defaulting party shall be $300.00 up to the tii when the matter actually goes to a hearing and, in addition, if the matter goes to a hearing of any ki or of any duration, the minimum shall then be increased to $600.00, but these shall be minimun only. The minimums and the above-referenced hourly rate for legal fees shall also be in addition any and all other expenses, damages, losses, Court costs, filing fees, etc. suffered by the enforci party because of the default by the defaulting party. The above-mentioned reimbursement by a defaulting party for any expense arising out of a failure to perform the obligations set forth herein, shall not be the sole and exclusive remedy i either party to enforce this Agreement, or to obtain those remedies for a default in this Agreement may be provided elsewhere herein, or to obtain those remedies provided at law or in equity or um the Divorce Code, as amended, it being agreed by the parties hereto that such other remedies shall available to them in addition to, and not instead of, the above-mentioned expense reimburseme remedy. It is specifically agreed that any failure to perform any obligation to the other party under Page 18 of 27 Agreement is to be considered a breach and to immediately trigger enforcement by the non- defaulting party under this Agreement, in law or in equity or under the Divorce Code, as amended or in any other way available. Further, it is agreed that if the obligation not being performed hereun er is an obligation to make regular payments on any kind of loan or similar obligation, but upon the first payment being more than 30 days late, the non-defaulting party has the right, but not the obligation, to bring an action against the defaulting party, hereunder, to include acceleration of that debt and to sue for the entire amount due thereunder, so as to make unnecessary an enforcement action hereun er each and every month that a defaulting party fails to pay a loan payment. 26. Bankruptcy The parties acknowledge and agree that they have specifically structur d this agreement so that all of the terms, covenants and conditions set forth herein are non- dischargeable in bankruptcy, under 11 U.S.C. Section 523(a)(5), Section 523(a)(15) or otherwis. It is specifically acknowledged, represented and understood that if either party tot -s agreement were to defeat the effectiveness of this agreement by a bankruptcy, that the other par would be seriously impaired to meet his/her reasonable needs and, therefore, it is acknowledged 1 both parties that in the event of any bankruptcy or insolvency proceedings, the property distributio debt payments and all payments and obligations required by this agreement should all be recognize as nondischargable obligations and should survive any such proceedings in order to effect t1 intention in the agreement of the parties herein. Further, if either party initiates an action i bankruptcy or insolvency that party agrees to consent to any motion filed by the other party withi the bankruptcy courts, wherein that other party may request that the Bankruptcy Courts abstain fror deciding dischargability of the obligation of this agreement in order to allow the appropriate Court e Common Pleas of the Commonwealth of Pennsylvania to rule upon these issues. Further, in th, Page 19 of 27 i event that either party institutes any action in bankruptcy or insolvency, as above referenced, it is specifically agreed that the Court of Common Pleas of Cumberland County, Pennsylvania may treat this agreement as modifiable, only to the extent that it needs to be made so in order to be sure that the party not filing for bankruptcy is receiving all of the payments and benefits due to him or her. 27. Constructive Trust. Each party agrees that if any payment is made in violation of and/or not in accord with the terms of this Agreement, and if any payment or property of any kin is received by either party, from whatever source, that is the property of or otherwise belongs tot e other party by operation of law or under this Agreement, the person who receives such payment r property shall hold it as a constructive trust for the other party. Such person receiving such payment or property shall immediately transfer and deliver the same to the party entitled to its receipt. Such payment or property shall not be reduced or damaged, reasonable wear and tear excepted in the c e of property, prior to delivery. 28. Address of Parties. As long as any obligations remain to be performed pursuant to provisions of this Agreement, each party shall have the affirmative obligation to promptly notify other in writing of his or her residence address, and shall promptly notify the other in writing of change of address by giving the new residence address within 20 days of moving to the n residence. 29. Construction Of Agreement. This Agreement shall be construed under the laws of Commonwealth of Pennsylvania. 30. Entire Understanding. This Agreement constitutes the entire understanding betwe the parties, and there are no covenants, conditions, representations or agreements, oral or written, any nature whatsoever, other than those herein contained. Page 20 of 27 31. Explanation Of Meaning. The provisions of this Agreement, and their legal effect, have been explained fully to the Wife by her counsel, Sean M. Shultz, Esquire and to Husband by his counsel, Sydney CH Benson, Esquire and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or un ue influence. 32. Change or Amendment. Any change and/or amendment of any of the provisions of this Agreement shall be effective only if made in writing, and executed with the same formality as this Agreement. 33. Waiver. The failure of either party to insist upon strict performance of any of he provisions of this Agreement shall not be construed as a waiver of any subsequent default of e same or similar nature. 34. Descriptive Headings. The descriptive headings used herein are for convenience only, and they are not intended to indicate all of the matters in the sections which follow them. Accordingly, they have no effect whatsoever in determining the rights or obligations of the parti s. 35. Legal Interpretation. If any provision of this Agreement is held to be inoperati e, invalid, or illegal, it is our intention that all the remaining provisions thereof shall continue to be fully operative and effective so far as is possible and reasonable. It is further agreed that althou h this Agreement was prepared, in it final form, by Sydney CH Benson, Esquire counsel for Husband and typed by the staff of Sydney CH Benson, Esquire, that, nevertheless, this Agreement has been tie fruition of negotiations between the parties and/or their counsel, at great length, and therefore, y ambiguity herein shall not be construed against the party whose attorney drafted it, and it is specifically agreed that if there is any ambiguity herein, that both parties are equally responsible Page 21 of 27 therefore. 36. Effective Upon Reconciliation. This Agreement shall remain in full force and even in the event that the parties hereto cohabitate, attempt to reconcile and/or reconcile and may terminated only by an Order of Court or a written termination executed by both of the parties here 37. Binding Upon Heirs And Assigns. This Agreement is effective and enforceable the date of the execution thereof and shall bind the parties hereto and their respective executors, administrators and assigns, and shall be binding even if a parry should die. 38. Time Is Of The Essence. All times in this Agreement shall be of the essence of tAi Agreement. 39. Effective Date. The effective date of this Agreement shall be the date of execution this Agreement by the party who last executes it, thus making it a binding and enforcabie A The dates of the Notaries Acknowledgements at the end of this Agreement are the dates of by the parties for the purpose of this paragraph. 40. Child support. Husband and Wife agree that Husband shall pay each month to Wife e the week ending Saturday, 4th day of the month of August_ the sum of Four Hundred ($400) for the support of the following named children: 1. Lydia Anderson, born August, 2002, $ 133/month 2. Joshua Anderson, born June 2004, $ 133/month 3. Elaina Anderson, born May 2006, $ 133/month Husband shall pay a minimum of $ 40 per month on the arrears, if applicable, The part hereby authorize the Court of Common Pleas of Cumberland County, PA to enter an order of supp against the defendant pursuant to the terms of this agreement, with the same force and effect though such order had been made after formal hearing and appearance in Court at such time Husband neglects to pay the above referenced amount. Defendant's gross annual income is approximately $ 76,255 Plaintiffs gross annual income $ 38,000 As long as it is provided to him through his employer, Husband shall provide Page 22 of 27 1 '1 insurance coverage available for the children. Husband and Wife shall share the medical expensed of the children, with each parent paying 50% of the out of unreimbursed medical expenses. This split shall become effective after Wife has paid her first $250 per year per child of unreimbursed medial expenses and proven same to Husband. As the children turn 18 years of age or grad child support amount will be adjusted by deducting emancipated child. IN WITNESS WHEREOF, the parties hereto first above written. WITNESS: Se Shultz, Esquire Ca uns for Wife Benson, Esquire Husband Page 23 of EXHIBIT A Personal property to be retained by Husband: 1. The kitchen table/chairs; I Pell cmmnntPr and NP nr;ntar (n,-%t +I,- --- ....? _ ,.._a EXHIBIT B Personal property to be retained by Wife: 1. John Deere Lawn Tractor; 2. King size bed; 3. Living Room couches; 4. Children's bedroom furniture; 5. Clothes washer and dryer; 6. Any and all fixtures attached to the marital residence, including but not limited to the pellet stove. Space Intentionally Left Blank Page 25 of 27 COMMONWEALTH OF PENNSYLVANIA ) (SS. COUNTY OF CUMBERLAND ) On this 9th day of July, 2012, before me, a Notary Public, the undersigned officer, appeared Joanna K. Anderson, known to me (or satisfactorily proven) to be the person whose is subscribed to the within instrument, and acknowledged that she executed the same for the therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r, i 6 (7, &14 Not P is OF PENNSYLVANIA Notarial Seal Dolly M. Hodcenberry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept, 24, 2014 Member. Pennsvivania Association of Notaries Page 26 of 27 COMMONWEALTH OF PENNSYLVANIA ) (SS. COUNTY OF CUMBERLAND ) On this 9t" day of July, 2012, before me, a Notary Public, the undersigned officer, appeared Scott C. Anderson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. To k) ?X j " v N Pu i MMONWtALtH OF PENNSYLVANIA Notarial Seal Dolly M. Hodcenbeny, Notary Public Carlisle Bono, Cumberland County My Commission Expires Sept. 24, 2014 Member, Pennsvlvania Association of Notaries Page 27 of 27 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNA K. ANDERSON, Plaintiff CIVIL ACTION - LAW V. NO. 2010-1652 SCOTT C. ANDERSON, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: -V :c M =M ? cs v r J c,a trt ?. W ?l c? -n Please transmit the record, together with the following information, to the Court for entry o f a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Code. 2. Date and manner of service of the Complaint: Mailed to Defendant by U.S. Restricted Delivery, Return Receipt Requested Mail on March 9, 2010, and accepted on March 11, 2010. 3. Date of execution of the Plaintiff's Affidavit of Consent required by Section 3301 I(c) of the Divorce Code: July 9, 2012; by the Defendant: July 9, 2012. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: July 9, 2012. 6. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: July 9, 2012. SULLIVAN & ROGERS Date: July 16, 2012 Sean M. Shultz, Esquire Attorney I.D. No. 90946 26 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Plaintiff JOANNA K. ANDERSON V. SCOTT C. ANDERSON IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-1652 DIVORCE DECREE AND NOW, 12Dt2-- , it is ordered and decreed JOANNA K. ANDERSON , plaintiff, and SCOTT C. ANDERSON , 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 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Prothonotary for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement dated July 9, 2012 is hereby incorporated, but not merged into this Decree. By the Court, Attest: Common Pleas -ki* 7 • ?.6 • /g- ?' r M?iG?rz? t '7S,?r vet'