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HomeMy WebLinkAbout04-2626 F: \User Folder\Firm DocslGendocs2004\3S68.1 diy_compo wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIE JO KERSHNER, Plaintiff v. CNIL ACTION - LAW NO. 2004- ~1..:2,(.. et'ulL '-r~'"1 DANIEL W. KERSHNER, Defendant IN DNORCE 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 armulment 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 ofthe 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHRISTIE 10 KERSHNER, Plaintiff v. CNIL ACTION - LAW NO.2004-.Z/..U- (];.,L't-EP...""I. DANIEL W. KERSHNER, Defendant IN DNORCE COMPLAINT IN DIVORCE AND NOW, this ~day of June, 2004 comes Plaintiff, Christie Jo Kershner, by and through her attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Christie Jo Kershner, who resides at 2714 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Daniel W. Kershner, who resides at 2714 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant are sui juris, and both are been bona fide residents of the Commonwealth of Pennsylvania and Plaintiffhas so been for a period of more than six (6) months immediately preceding the filing ofthis Complaint in Divorce. 4. The parties were married on November 12, 1994, in Towanda, Bradford County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) ofthe Divorce Code of 1980, as amended. 6. 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, HANFT & KNIGHT, P.C. Mi1:!f11J/f Attorney ID No. 57976 Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff 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 unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. (:) ~'i - o ~ V) C> r-- \< -.0 "'9. - ..c o Vl o FE! J- ;:),'. !:"~; ~ .~ () (" ~~ _..,~ ~ ~ c.~ ~ 'T!-r.8 l::: rl1F -. -n:l1 ~.~ -"0 ;; ~~~ ~ :L:> ~l ::~)~\~; '" ) ~:~: I C,) c.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIE JO KERSHNER, Plaintiff v. CIVIL ACTION - LAW NO. 2004-2626 DANIEL W. KERSHNER, Defendant IN DIVORCE CERTIFICATE OF SERVICI~ AND NOW, this 2. '1 ~ay of June, 2004, I, Michael J. Harlft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on June 14, 2004, but actual service took place on June 16,2004, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Retum Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Daniel W. Kershner 2714 Harvard Avenue Camp Hill, Pennsylvania 17011 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, KNIGHT, P.C. M ~1J :if:.zjf Attomey ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 f:\User Folder\Firm Docs\Gendocs2004\3568-1cert,servicc.wpd Attomeys for Plaintiff ~ 7002 08bO DODO 1072 :IOS1-~' :_$ ..31.... .... ....'. "-, RetumR '....,,' '.. ~1::., . -~~ "< :_ . '.. ," " . < _ ' - _ . -. ,:'>:i,~~:~"'_"^'_" -:,_';<q(~;__.._. Exhibit "A" 0 ....., ~::- coo 0 c:..-:.' ",. ..::- "T1 C- ...., ~ ::c ......-- rfl~ N -n en 01 :U'l) (-") ~:_! C, -0 ~~~ -,..~ :) C.-,? , " C::"J :1:; (..,) -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHRISTIE JO KERSHNER, No. 2004-2626 Plaintiff CIVIL ACTION - LA W v. DANIEL W. KERSHNER, IN DIVORCE Defendant AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA ) : SS. ) COUNTY OF CUMBERLAND 1. 10, 2004. A Complaint in divorce under Section 3301 (c) ofthe Divorce Code was filed on June 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling 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. S., Section 4904 relating to unsworn falsification to authorities. Date: llie ~ Z 0 ,2004 @/ ~ P--- Christie J 0 Kershner --- Sworn to and sukscribed before me this 2d~ day of l.u ctrtLkl.d ,2004. Notarial Seal Dolly M. Housel, NotaIy Public South Middleton Twp., Cumber1and County My Commission Expires Sept. 24, 2006 Meln~r P~nn~;v~/~lPi:) AS~()ci.(11!on IJfNctaries (-') r--.:) >) ,;:'-::-> ( ,. :) . J ~,'-~ ~7 j' Jj i I .~ ; {,,-J I I",' e;! \..- r' ; -., , ., ; ) -, r' ........J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIE JO KERSHNER, No. 2004-2626 Plaintiff CIVIL ACTION - LAW v. DANIEL W. KERSHNER, IN DIVORCE . Defendant WAIVER OF NOTICE OF INTENTION TO Rl8:QUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 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 ofthe 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: II \ ~o lot\- i2i:L ~d---- Christie J 0 Kershner F:\User Folder\Firm Docs\Gendocs2004\3568-1 waivers. notice wpd .l;' . "~< r'"'....."" L:.:') f,,: '.~' c Ii ....-1 .-.\ l' 1 ~-:I 1 : f'..) ,( ; . F\User Foldel'\Firm D\lcs\Gendocs1U04\3S61l_lmsa. wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIE JO KERSHNER, Plaintiff CIVIL ACTION - LAW v. NO. 2004-2626 CIVIL DANIEL W. KERSHNER, Defendant IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT AND STIPULATION THISAGREEMENT,madethis3lJdayof ~l-IflJII ,,,, . 200$, by and between DANIEL W. KERSHNER, of2714HarvardAvenu~umberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and CHRISTIE JO KERSHNER, of2714 Harvard A venue, Camp Hill, Cumberland County, Pennsylvania, party ofthe second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on November 12, 1994, in Towanda, Bradford County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since June 12, 2004; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and detemline certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, there was one child born of the marriage: LaRaye Valin Kershner (hereinafter "LaRaye"), born February 2, 1994, in Camp Hill, Pennsylvania; and CJK (,'1'1.-' Page 1 of 13 -..... , DWK -JuK WHEREAS, it is the intention and purpose ofthis Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into agreement for the division oftheir jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration ofthe mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives. do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does wammt 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 ofthe parties hereto from commencing, instituting or prosecuting any action or action 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 for making any just or proper defense thereto. It is warranted" covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event he an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. ClK \':)~ Page 2 of 13 DW~ 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each ofthe parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy ofthis Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a divorce complaint has been filed in the Court of Common Pleas of Cumberland County at docket number 2004-2626. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit this Agreement to survive any such agreements. ARTICLE III: EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 ofthe Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power ofthe other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution ofthe parties. CJKC?t- . Page 3 of 13 DW::k~ 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits with the Commonwealth of Pennsylvania, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. a. Wife shall pay to Husband the sum of Six Thousand Dollars ($6,000.00) upon entry of a final decree in Divorce. b. Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Wife agrees to transfer to Husband all herright, title and interest in the parties' 2004 Volkswagen J etta presently in Husband's possession. Husband agrees to transfer to Wife all his right, title and interest in the parties' 2000 Dodge Neon presently in Wife's possession. If necessary, within thirty (30) days of the date of execution ofthis document, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. c. Husband shall assume sole responsibility for the loan on the 2004 Volkswagen Jetta owed to Volkswagen Credit with an approximate balance of Seventeen Thousand Dollars ($17,000.00), and shall indemnify and hold Wife harmless from any liability in connection with same. d. Wife shall assume sole responsibility for the loan on the 2000 Dodge Neon owed to Chrysler Financial with an approximate balance of One Thousand Dollars ($1,000.00), and shall indemnify and hold Husband harmless from any liability in connection with same. e. Wife shall retain her PSECU Savings Account with an approximate balance of Nine Thousand Dollars ($9,000.00). 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other CJK~ Page 4 of 13 D~ party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result ofthe marriage relationship. 3.6 Husband shall transfer to Wife any and all of Husband's right, title and interest in and to that parcel of real estate located at 2714 Harvard A venue, Camp Hill, Cumberland County, Pennsylvania, heretofore owned by the parties as tenants by the entireties. Said transfer is subject to those liens, judgments or mortgages of record as ofthe date of conveyance, all of which shall thereafter become the sole and exclusive obligation of Wife. Wife agrees to refinance said property removing Husband as an Obligor. At that time, Husband will sign a deed transfen'ing said property to Wife. Until refinancing of the property occurs, Wife shall assume sole responsibility for the mortgage on said property to Countrywide and indemnify and hold Husband harmless from same. 3.7 The parties agree that they shall be joint trustees of the Tuition Assistance Program (TAP) Account which shall be used solely for the benefit of LaRaye for her education. If any monies are not used for LaRaye's post-secondary education, said monies shall be held in trust for LaRaye until LaRaye's twenty-sixth (26'h) birthday. The parties, or their appointees, shall be joint trustees of any trust deriving from the monies in the TAP. Should it become necessary to draft a trust instrument for the TAP monies, the parties shall do so through their counsd referenced below, or through a mutually agreeable attorney. In either case, the parties shall equally share the cost of any legal fees incurred to draft the trust instrument. ARTICLE N: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since lthe separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. CJK~ Page 5 of 13 DWKM- Husband shall assume sole responsibility for the following marital debt and agrees to indemnify and hold Wife harmless from any and all loss or liability in connection with same: a. Debt to American Education Services having an approximate balance of Three Thousand Nine Hundred Nineteen Dollars and 66/1 00 ($3,919.66) and a monthly payment of One Hundred Dollars ($100.00). In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless ofthe name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. ARTICLE VI: CUSTODY AND SUPPORT OF CHILDREN 6.1 The parties agree to shared legal and physical custody of the child of the marriage, LaRaye Valin Kershner. Both Husband and Wife shall be responsible for the day to day decisions when they have custody of LaRaye. Neither party has the right to make a unilateral decision of the following major issues: Education; Medical treatment (other than emergency treatment); and General welfare. It is agreed between the parties that any decisions on these issues will be made jointly. 6.2 Each party agrees to keep the other apprized of any and all matters relating to LaRaye's health, education, welfare, and activities. 6.3 Wife shall have primary physical custody ofLaRaye, subject to such reasonable temporary custody and visitation rights of Husband. 6.4 The parties agree on the following custody schedule for LaRaye: a. Weekends. Every other weekend, Husband shall have custody ofLaRaye beginning on Friday afternoon at 4:00 p.m. until Sunday evening at 9:00 p.m. The next weekend, Husband shall have custody of LaRaye on Friday night, beginning at 4:00 p.m. and ending at 9:00 p.m., Saturday night, beginning at 4:00 p.m. and ending at 9:00 p.m., and on Sunday beginning atlO:OO a.m. and ending at 9:00 p.m. b. Summer vacations. At Husband's sole discretion, Husband shall have custody of LaRaye for a minimum of one (1) week during the child's summer vacation from school. Husband and Wife shall discuss and agree, by May I of each calendar year, as to which week Husband shall have custody of LaRaye. CJK C":S\-- Page 6 of 13 DWK~ c. Holidays. i) The parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of LaRaye for any holiday or extended vacation period. In the event that any holiday discussed in this section or this Agreement falls on a weekend, the holiday schedule will take precedence over the normal custody schedule. ii) Wife shall have custody of LaRaye on every Mother's Day weekend. Husband shall have custody of LaRaye on every Father's Day weekend. iii) Husband and Wife shall discuss and agree on a custody schedule for LaRaye at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement. Holidays include, but are not limited to: New Year's Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas and New Year's Eve. Once a scheduk is established for any particular holiday, custody of LaRaye shall alternate between Husband and Wife every year according to that same schedule. iv) It is the intent ofthe parties that transportation ofLaRaye between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. It is recognized that transportation will obviously be dependent upon each parties' personal circumstances and employment. 6.5 Husband and Wife acknowledge their obligation to contribute to the support of their child. a. Husband shall pay $350.00 per month for the support LaRaye Valin Kershner. The parties hereby agree that the provisions concerning child support may be entered as a support order in the Court of Common Pleas of Cumberland County or at such other appropriate Court. b. Child support shall continue for LaRaye until she reaches eighteen (18) years of age or graduates from High School, whichever occurs later. c. The parties agree that they will equally share in any unreimbursed medical expenses incurred for the care of LaRaye. 6.6 Beginning with the tax year that ends December 31, 2004, the parties hereby agree that for Income Tax purposes, Wife shall claim LaRaye as a Dependent. CJK ~ Page 7 of 13 DWKM ARTICLE VII: MISCELLANEOUS PROVISIONS 7.1 The Parties hereto have retained independent legal counsel. The prOVISions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties agree and consent to the fact that Sean M. Shultz, Esquire, of Hanft & Knight, P.c., represents Wife and James G. Nealon, III, Esquire, of Nealon & Gover, P.C. represents Husband. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 7.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever. of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as byway of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory ofthe United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution ofthis Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 7.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities Page 8 of 13 DW~ CJK cS\- incurred by the other after the execution date ofthis Agreement, except as is otherwise specifically provided herein. 7.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 7.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date ofthis Agreement. 7.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.7 This Agreement constitutes the entire understanding ofthe parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.8 If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 7.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code ofthe Commonwealth of Pennsylvania. 7.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution ofthis Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party furtherrepresents that he or she has made a filII and fair disclosure of all debts CJK C~ Page 9 of 13 DWK~ > and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income ofthe other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. A summary list of assets to be retained by each party is attached hereto as Exhibit "A". Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 7.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 7.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each ofthe parties to the other. The adequacy of the consideration for all agreemems herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 7.13 The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any paJty who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. CJK~ Page 10 of 13 DWK ~L IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: I)d>~v '?~ Daniel w.~erd ~~~, ~ CJK~ Page 11 of 13 DWK ewt-- Exhibit "A" Assets to be retained by Husband Elm Utilatub Sink 25 inch Phillips Magnavox television JVC VCR Player JVC Audio/video control receiver JVC 5 disc cd player JVC DVD/CD player JBL Surround sound system Maple entertainment hutch Maple circle coffee table Oak dining table and 6 chairs White Westinghouse microwave Empire chest of drawers Wooden dresser Queen sized mattress, box spring and frame 20 inch Magnavox television Oak rocking chair Blue Chair Off-white couch Cedar hope chest Gateway computer Lexmark printer Nokia monitor Desk Notebook computer Mr. Coffee coffee maker Sakura dishes (service for 8) Anchor glasses Kenmore 18 refrigerator Beer tap system Cooks Essentials pots and pans Silverware (service for 12) lOx 10 wooden shed CJK~ Page 12 of 13 DWK~~ Exhibit "B" Assets to be retained by Wiff' Wurlitzer piano 20 inch Zenith Sentry 2 television small wooden television stand Wooden buffet Wooden china hutch and dining room set double mattress and box spring Lane hope chest White and yellow dressers Wooden toy chest Schweiger couch and chair Compaq computer Hewlett Packard deskjet printer Sauder computer stand Tappan dryer Maytag washer Whirlpool dishwasher Kenmore refrigerator Whirlpool oven White Correl dishes Daisy glasses CJK~ Page 13 of 13 DWKM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIE 10 KERSHNER, No. 2004-2626 Plaintiff CIVIL ACTION - LAW v. DANIEL W. KERSHNER, IN DIVORCE Defendant AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. 10,2004. A Complaint in divorce under Section 3301( c) ofthe Divorce Code was filed on June 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling 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 of18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. --Wt 1>> ~ . .'\ Damel W. Kershner Date:~,.~ ~oo5 Sworn to and subscribed before me this 312.<-\ day Of]:....bAA.. t.LAA.A, ,2QG1. dDOS ~b~C'-4 ~ COMMONWEALfH m PENNSYLVANIA Notarial Seal BarbaraJ. Baker, Notary Public City of Harrisbmg. Dauphin County My Commission Expires Aug. 13,2007 Member, peilnsylv<::nia ASSOCiatIOn of Notanes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIE JO KERSHNER, No. 2004-2626 Plaintiff CIVIL ACTION - LAW v. DANIEL W. KERSHNER, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(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 of property, lawyer's fees or expenses if! 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. 94904 relating to unsworn falsification to authorities. Date: 2-)3/05 ~~ 1J) 1~ Daniel W. Kershner FIeser folderlFirm Docs\Geodocs2004\3568-1waiversnotice,wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIE JO KERSHNER, Plaintiff v. CNIL ACTION - LAW NO. 2004-2626 DANIEL W. KERSHNER, Defendant IN DNORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: served on Defendant by U.S. certified, restricted delivery, return receipt requested mail on June 16, 2004. 3. Date of execution of the Plaintiffs Affidavit of Consent required by Section 3301 (c) of the Divorce Code; December 20, 2004; by the Defendant; February 3, 2005. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in !l3301(c) Divorce was filed with the Prothonotary: December 21, 2004. Date Defendant's Waiver of Notice III !l3301(c) Divorce was filed with the Prothonotary: February 18, 2005. KNIGHT & ASSOCIATES, P.c. Date: February &, 2005 ~ Sean M. Shultz, Esquire Attorney LD. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys D)r Plaintiff FIUser F oldeT\Finn Docs\Gendoc,2005\3568. 1 pr.<ecipc_ wpd 'l':1 o~;; (~~~~ ,~".. "(;l . . "''''~ 'I:: .. .. . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . STATE OF . . CHRISTIE JO KERSHNER. Plaintiff VERSUS . . DANIEL W. KERSHNER. Defendant PENNA. No. 2004-2626 DECREE IN DIVORCE . . . . . . . . . . ~~ "" 2.. 'i . AND NOW, , 2005, IT IS ORDERED AND . . . DECREED THAT CHRISTIE JO KERSHNER , PLAINTIFF, AND DANIEL W. KERSHNER , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . The Marriage Settlement Agreement and Stipulation dated February 3, 2005 ATTES By THE CO~R): WG PROTHONOTARY . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . + J. . . . . . . . . . . . . ~ f}:!' 1~ ~ 50 /.[: %1"7F fi" '% q- 4.Wv. P'? y,r ! e .' ' ~... . . . -