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HomeMy WebLinkAbout01-0532SEAN M. GRIFFITHS Plaintiff vs. CARMEN K. GRIFFITHS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17103 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Lawyer Referral 2 Liberty Avenue Carlisle, Pennsylvania 17103 (717) 249-3166 Service SEAN M. CARMEN K. GRIFFITHS Plaintiff, vs. GRIFFITHS Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Sean M. Griffiths, by and through his attorney Gregory J. Katshir, Esquire, with the following Complaint and prayer for relief wherein it is set forth as follows: COUNT I - DIVORCE 1. Your Plaintiff is Sean M. residing at 218 North Locust Point County, Pennsylvania. 2. The Defendant is Carmen K. Griffiths, whose last known address was Mechanicsburg, Cumberland County, Griffiths, an adult individual Road, Mechanicsburg, Cumberland an adult individual 218 North Locust Point Road, Pennsylvania. 4. in Annapolis, Maryland. 5. Both parties have been Commonwealth of Pennsylvania for at filing of this Complaint. Plaintiff and Defendant were married on April 12, o between 7. Defendant is a national of the United States of America. 1997, that provided by law for the decree under the laws of our The Defendant has offered person of the Plaintiff, granting of a divorce Commonwealth; and such indignities to the the injured and innocent 8. The advised that marriage counseling is available to him, spouse, his life burdensome. Plaintiff acknowledges as to render his condition intolerable and and avers that he has been and to either party, and has further been advised of his right to request that this Honorable Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that this Honorable b) There have been no prior actions for divorce or annulment the parties. The Plaintiff avers that: a) The marriage is irretrievably broken and is irretrievably broken to the extent that the parties are separated and will remain separated into the future, for such a period as would extend beyond bona fide residents of the least six months prior to the Court grant him a decree in divorce. COUNT II CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 9. Plaintiff is unable to support himself through appropriate employment. 10. Plaintiff lacks sufficient property and income to provide for his reasonable needs. 11. Plaintiff requires reasonable alimony to adequately maintain himself in accordance with the standard established during the marriage. 12. Defendant is financially able to provide for the reasonable needs of the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court order Defendant to pay permanent alimony to Plaintiff. COUNT III CLAXMFORALI~K)NY PENDENTE LITE, COUNSEL FEES ANDEXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 13. Plaintiff himself and pay his action. does not have sufficient funds to support counsel fees and expenses incidental to this 14. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests this Honorable Court to order Defendant to pay alimony pendente, reasonable counsel fees and expenses. Respectfully submitted, PA ID#61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 VERIFICATION OF KNOWLEDGE, INFORMATION AND BELIEF I verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: / ~Sean M. Griff~th~ SEAN H. GRIFFI~HS PI aintiff VS. CARHEN K. GRIFFITHS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO: 01-532 Civil Term ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Defendant, Car'men K. Griffiths and certify that I am authorized to do sc. Tonia M. Torqua,~Esquire Attorney for Defendant Carmen K. Griffiths 2650 North Third Street Harrisburg PA 17110 EDWARD . NTRAUB SEAN M. GRIFFITHS Plaintiff CARMEN K. GRIFI:ITIlS Defendant l~ TIlE COURT O1: * (UMBERLANI) (7()IJNTY, * No. 01-532 (ivil Term * CIVII~ ACTION - LAW * IN DIVOR( E NOTICE OF ELECTION TO RESUME PRIOR NAME Nntice is hereby given tlnat, a Divorce Complaint has been filed and is pending in the aN~ve captioned matter and, plaintiff hereby elects to resume her ~wi,,r name of Carmen K. O'Connor, and gives tiffs wri~en notice of her intention in accordauct witln the provisions of 54 Pa. C.S.~704. ,1 Carmen K. Griffiths Carmen K. O'Connor COMMONWEALT[I OF PENNSYLVANIA : COUNTY OF DAUPHIN : ss: ~ ~,A , 2002, before me, a :Notary Pub[,ic, F, ersonally On the day of , .~ !~,, d {-,,, appeare~ -d Carntell~K: O'Cottltol' kllO~Vl~" ;' me to be the person whose namt is subscribed to tine within document and acknowledged tlnat she executed the foregoing for ~the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my lnand and official seal. Notary public Notarial Seal i Oueena S. Baumbach, Notary Public Harrisburg, Dauphin Count' My Commission Expires Oo't. 2. 2004 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this,r~.~j~.~, day of ~, 2002, by and between Sean M. Griffiths, hereinafter referred to as "Husband", and Carmen K. Griffiths, hereinafter referred to as "Wife". WlTNESSETH: WHEREAS, Husband and Wife were lawfully married on April 11, 1997; and WHEREAS, certain differences arose between the parties as a result of which they separated on December 21,2000, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Gregory J. Katshir, Esquire, and Wife, by her attorney, Edward J. Weintraub, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. (Initials) (Initials) 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since December 21,2000, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since December 21, 2000, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: PERSON(S) NOW DESCRIPTION AMOUNT RESPONSIBLE A. Wells Fargo Mortgage $71,000 H & W The parties agree that Husband shall hereafter be responsible for paying debt A above. Husband agrees to pay the outstanding joint debt as allocated and further agrees to indemnify and save Wife harmless from any liability for such debts or obligations. (Initials) ~ (Initials) 2 In the event that either party contracted or incurred any debts, other than those specifically identified herein since December 21, 2000, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7, EQUITABLE DISTRIBUTION: A. Wife agrees to transfer to Husband all of her interest in and title to their jointly owned real estate at 218 N. Locust Point Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania subject to the mortgage of approximately Seventy-one Thousand ($71,000) Dollars given to Wells Fargo Mortgage, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurances and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligations on said premises and agrees to indemnify Wife from any loss by reason of any default in payment and agrees to save Wife harmless from any future liability with regard thereto. (1) On the date of the execution of this Agreement, Wife shall deliver to Husband a deed to be prepared by Husband's counsel and to be held in escrow by Husband's counsel transferring and conveying to Husband all of Wife's right, title, claim and interest in and to the real estate located at 218 N. Locust Point Road, Mechanicsburg, .~ (Initials) 3 ~ (Initials) Silver Spring Township, Cumberland County, Pennsylvania. A copy of the executed deed shall be given to Husband to facilitate refinancing. After Husband refinances, Husband shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that he deems appropriate. (2) Wife agrees that upon delivery of the deed, Husband shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. (3) Husband shall promptly apply for refinancing to satisfy or shall otherwise obtain Wife's release regarding the existing mortgages on 218 N. Locust Point Road, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania. Pending settlement on Husband's new financing, he shall continue to be solely responsible for the existing mortgage, insurance, taxes and other charges associated with the property. (4) At settlement on Husband's refinancing Husband shall pay to Wife as equitable distribution Nineteen Thousand Six Hundred Seventy-five ($19,675) Dollars. (5) Counsel for Husband shall release from escrow the original deed at closing on Husband's refinancing. B. Contents of Wife's Residence: As of the date of the execution of this Agreement, the parties have equitably divided their personal property. Husband relinquishes his right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Wife. C. Contents of Husband's Residence: Wife relinquishes her right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Husband. D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) ~ (Initials) Husband shall retain the 1995 Nissan truck. 4 (Initials) (2) Wife shall retain the 1992 Nissan Maxima. (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. E. Individual Retirement Accounts, Pensions And Employment Benefits: Each party shall retain sole ownership and control of their own IRA's, Pensions and Employment benefits. Specifically, Wife shall retain her Delta Dental 401k and Putnam IRA and Husband shall retain his Putnam IRA. F. Stocks: Wife shall retain sole ownership and control of the Waddell and Reed stocks. G. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. H. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such proper~y together with any insurance policies covering that property, and any escrow accounts relating to that (Initials) (Initials) property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband, J. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other, K. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8, LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party. Wife acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon j~Z~(Initials) 6 ~'~ (Initials) changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support,, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. Effective May 1, 2002, Husband agrees to terminate the existing spousal support order and waive any arrears due from Wife. Husband will also waive reimbursement by Wife of any uninsured medical expenses not submitted to Wife or her insurance carrier before May 1, 2002. t0. HEAL TH INSURANCE: Wife agrees to continue to provide and pay for Husband's medical and hospitalization coverage until entry of a final decree in divorce. Thereafter via COBRA, if available, following the entry of a final Decree in Divorce, additional health care coverage may be obtained by Husband at his sole cost. Any payments for health insurance will not be considered alimony and are not included with the income of the Husband within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and not deductible from Wife's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, ~..&.~ (Initials) CQ~ (Initials) 7 adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties shall file separately in 2002 and thereafter. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and ell rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICA TED ON DIVORCE: it is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that ~ (Initials) 8 C~ (Initials) the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 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 waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Husband at his cost by his counsel has filed an action for divorce under Section 3301(c) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consent and Waivers of Notice to enable counsel for Husband to proceed with a no-fault divorce as soon as possible, providing counsel for Wife with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. ~.~'~x .j (Initials) 9 ~?/(/f (Initials) 16, BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enfomed by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any ~ (Initials) 10 /Qff/~ (Initials) and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 ~L seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. (Initials) 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MODIFICATION AND WAIVER: A modification or waiver 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. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed pdor to the date and time of this Agreement are null and void and have no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: it is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. /...//~ (Initials) 12 ~ (Initials) 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first abov. p~jritten. ~, ' (SEAL) Carmen K. Griffiths ,0, COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAU?UIN SS. BEFORE ME, the undersigned authority, on this / /"' day of  Carmen K. ,2002, personally appeared Grlffiths , known to me to be the person wh'o executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. ~Lg~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ] '~7~day °f, 2002. I~..~tary Public ici and for the Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA COUNTY O F ~AUPt'fl~ (.~.J-.~~--~¢"\LA ~ c~ ss. BEFORE ME, the undersigned authority, on this ~,c~ day of ,2002, personally appeared Sean M. Griffiths, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of U. ~,.~ ,2002. Commonwealth of Pennsylvania 14 SEAN M. GRIFFITHS Plaintiff V. CARMEN K. GRIFFITHS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0532 CIVIL TERM CIVIL ACTION LAW IN DIVORCE A~FIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on January 25, 2001 and served on January 29, 2001. An Acceptance of Service is filed and is of record. Counsel for Defendant, Tonia Torquato, Esquire accepted service of the Complaint on behalf of her client on January 31, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made and correct. I understand that false subjec~ to the penalties of 18 Pa.C.S. falsification to authorities. in this affidavit are true statements herein are made ~4904 relating to unsworn Plaintiff SEAN M. GRIFFITHS, Plaintiff V. CARMEN K. GRIFFITHS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 01-0532 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: SEAN M. GRIFFITHS : Plaintiff : V. : CARMEN K. GRIFFITHS : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0532 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND W-AI%~ER OF COUNSELING 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on January 25, 2001 and served on January 29, 2001. An Acceptance of Service is filed and is of record. Counsel for Defendant, Tonia Torquato, Esquire accepted service of the Complaint on behalf of her client on January 31, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I 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: Carmen K. SEAN M. GRIFFITHS, Plaintiff V. CARMEN K. GRIFFITHS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0532 CIVIL TERM CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Carmen K. Griffit~, Defendant (71 ) IN THE COURT OF COMMON PLEAS OF [ ZAN N. Gi~,IF '[I'HS ) CUMBERLAND COUNTY, PENNSYLVANIA 01-0532 CIVIL TERM ) CIVIL ACTION - LAW ) ]Z\R~EN K. G~'~?FZTHS ) DeEendan~. ) IN DIVORCE PRAECIPE TO Ti~a. NSMIT RECORD UNDER SECTION 3301 (c) OF THE DIVORCE CODE ( :h~ PR()TNONOTZ~R'r: I{in ll y t~ansmit the record and the following information !. Gzoilnd for divorce: ' ~ ~ ;f Lb< Divorce Code. Irretrievable breakdown under Section . . l/~tt ~ and nMnner of service of Complaint: Complaint ~ ~ptcc~ bp' eeuns~ I for Defendant on January 31, 2001. An A ~eplarlce ol SeEvi.3e is filed and is of record. Date Affidavit of Consent under section 3301(c) of the lode signed: By Plai,utl fi:: July 19, 2002 By De:~end~nt : July 17, 2002 Date o] execution of Defendant's Waiver of Notice of Request Ert~y of Divorce Decree: July 17, 2002. IN THE COURT OF COMMON PLEAS SEAN GRIFFITHS OF CUMBERLAND COUNTY STATE OF .~ PENNA. Plaintiff NO. 01-0532 VERSUS CARME~ K GRIFFIT!{S Dcfcndant AND NOW, DECREED THAT AND DECREE iN DIVORCE SEA_N GRIFFITHS CARMEN K~ GRIFFITHS ,-~'~ ordered and , PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLIOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Th~ attached Mmr~tal Settlpment Agreement is hereby incorporated but not merged into this Decree in Divo~gr~/~