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HomeMy WebLinkAbout10-3018 NICOLE DERR, : IN THE COURT OF COMMON PLEAS] Plaintiff : CUMBERLAND COUNTY, PENNSj?V&NIA_ V. NO. 10 -3015 ?tvil le( ?? KEITH DERR, CIVIL ACTION - LAW ?Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS rv 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 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, Carlisle, Pennsylvania. 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 LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 $3Q1.So Pb A7T`/ (717) 249-3166 ex?t /110 5 (Z1? a'41-700 A l? NICOLE DERR, Plaintiff V. KEITH DERR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE AND EQUITABLE DISTRIBUTION AND NOW, comes the above-named Plaintiff, NICOLE DERR, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. COUNT I DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is NICOLE DERR, hereinafter "Wife," an adult individual who currently resides at 10 Raylen Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on her to Attorney, Mark A. Mateya, Esquire, Mateya Law Firm, with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is KEITH DERR, hereinafter "Husband," an adult individual who resides at the marital property at 18 Shirley Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 1 5. The Plaintiff and Defendant were married on September 12, 1998, in Carlisle, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Husband has alternately moved out of the marital property and back in to the marital property over the past several years. 9. Neither the Plaintiff nor the Defendant are presently members of the armed services of the United States or any of its allies. Defendant served in the United States Marines until 1984. 10. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 11. Plaintiff requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 above are incorporated herein by reference. 13. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. 2 15. Plaintiff and Defendant are co-debtors on various debts which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; d. For such further relief as the Court may determine equitable and just. Respectfully submitted, Mark A. Mateya Attorney I.D. No P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff Dated: ? ? l V 3 VERIFICATION I, NICOLE DERR, verify that the facts set forth in the foregoing Complaint for Divorce, and Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: L--1- ' qi -1 l ? Ll? ICOLE D ~iLr_L -' ~~~~~~ ~o ~~~ ~: so NICOLE D , Plain~~~;~-E ~:~~J~1TY v. KEITH DERR, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA 17013 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 LEGAL HELP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-3018 CIVIL TERM IN DIVORCE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (7 ] 7) 249-3166 A hearing on the issues of alimony pendente lite advanced in the within Answer is demanded. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~G~fiVtL /~ `t'~ Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243 -0220 Attorney for Defendant ~6L~ y~~ 7 ~~ ~~ ~~ NICOLE DERR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 10-3018 CIVIL TERM KEITH DERR, Defendant : IN DIVORCE CAPTION ANSWER WITH COUNTERCLAIM ANSWER COUNTI DIVORCE 1. The averments of ¶ 1 of Wife's Amended Complaint are admitted in part and denied in part. It is admitted that Plaintiff is the wife of Defendant and that she is an adult individual, but it is denied that she resides at 10 Raylen Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. On the contrary, Husband avers that Wife resides at 18 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Admitted. 3. The averments of ¶ 3 of Wife's Amended Complaint are admitted in part and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 denied in part. It is admitted that Defendant is the husband of Plaintiff and that he is an adult individual, but it is denied that he lives at 18 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. On the contrary, Husband avers that he resides at 2129 Newville Road, Carlisle, Cumberland County, Pennsylvania 17015. 4. - 7. Admitted. 8. The averments of ¶ 8 of Wife's Amended Complaint are denied. On the contrary, Husband avers that the first separation of the parties occurred in October of 2009. 9. The averments of ¶ 9 of Wife's Amended Complaint are admitted in part and denied in part. It is admitted that neither of the parties is presently a member of the armed services of the United States or any of its allies, but it is denied that Husband served in the United States Marines. On the contrary, Husband did not serve in the United States Marines. 10. The averments' of ¶ 10 of Wife's Amended Complaint, being within the exclusive knowledge of Wife, are denied, and proof thereof is demanded. 11. Admitted. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- WHEREFORE, Husband demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 12. The averments of ¶¶ 1 through 11 above inclusive and incorporated herein by reference as though fully set forth. 13. - 15. Admitted. WHEREFORE, Husband demands judgment equitably distributing all marital property owned by the parties and such further relief as the court may deem equitable and just. COUNTERCLAIM COUNTI ALIMONY AND ALIMONY PENDENTE LITE 16. The averments of ¶¶ 1 through 11 above inclusive are incorporated herein by reference as though fully set forth. 17. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Husband has no adequate means of support. -3- r WHEREFORE, Husband demands judgment compelling Wife to pay Defendant alimony and alimony pendente lite COUNT II COUNSEL FEES, EXPENSES AND COSTS 18. The averments of ~¶ 1 through 17 above inclusive are incorporated herein by reference as though fully set forth. 19. Husband is unable to afford to pay reasonable and necessary expenses for legal counsel and for expert witnesses. WHEREFORE, Husband demands judgment compelling Wife to pay counsel fees, expenses and costs of Husband. Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243 -0220 Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- I verify that the statements made in this pleading 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: May ~, 2010 Keith err WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 NICOLE A. DERR, Plaintiff/Respondent VS. KEITH A. DERR, DefendandPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 10-3018 CIVIL TERM IN DIVORCE PACSES CASE: 945111670 ORDER OF COURT n C - a _r, ~~ r~:~? r, ~ C , ~l T ° ~ p , -~? W~ !Q Grp - ^` : N . '~ C.i s ~- . ~. _ ~ - < . t ; ~ c~ ~ ~. `~` .z:- AND NOW to wit, this 29th day of June, 2010, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the Petitioner withdrawing his request for a conference. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Wayne F. Shade, Esq.. Jane Adams, Esq.. Form 0E-001 Service Type: M Worker: 21005 FIL~D-t~FFICE t~F T~fiE R€~OTt~OMOTARY 2010 SAP 22 ~~ 9~ 49 CUP46cRLA~iD CDUPd~'`' PE~dSYLVA~IIt~ NICOLE A. DERR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10 - 3018 CIVIL TERM KEITH A. DERR, :CIVIL TERM -LAW Defendant : IN DIVORCE PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Mark A. Mateya, Esquire, as Attorney of record for Nicole A. Derr. Date: `~ ~.o ~o RespeActfully Submitted: ~F Mark Mateya, squire I.D. No. 55 West Church Ave. Carlisle, Pa. 17013 (717) 241-6500 Please enter the appearance of Jane Adams, Esquire, as Attorney of record for Nicole A. Derr. o~ q~~ ~o r' Ily Submitted: ;1 ne Adams, Esquire I . No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 NICOLE A. DERR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA - T3 vs. : No. 10 - 3018 Civil Term < ; rn ro KEITH A. DERR, : ACTION IN DIVORCE � T k^' Defendant : -<?' a., i-._: — STATEMENT OF INTENTION TO PROCEED -- TO THE PROTHONOTARY: Plaintiff, Nichole A. Derr, intends to proceed with the above-captioned matter. Please remove this case from the termination list. Respectfully Submitted, ef/1", - Date: (D • sic. 6 /3 =ne Adam. dams, Esquire 7 W. South St. Carlisle, Pa. 17013. (717) 245-8508 ATTORNEY FOR PLAINTIFF Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 NICOLE DERR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-3018 CIVIL TERM KEITH DERR Defendant CIVIL ACTION — LAW IN DIVORCE PRAECIPE TO ENTER/WITHDRAW APPEARANCE Kindly withdraw my appearance on behalf of the Defendant, Keith Derr, in the above captioned docket. Dated: Respectfully Submitted, Wayn6 F. Shade, Esquire Attorney ID No. 15712 53 West Pomfret Street Carlisle, PA 17013 Kindly enter my appearance on behalf of the Defendant, Keith Derr, in the above captioned docket. Respectfully Submitted, Saidis, Sullivan & Rogers Date: C7/A7/1/ V id/ Hannah White-Gib on, Esquire Attorney Id. No. 311679 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 C=I ZAP Li NICOLE DERR,- : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 10-3018 Civil Term KEITH DERR, : ACTION IN DIVORCE Defendant : CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 20, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 1 verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: /411 Keith Derr, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Keith Derr, Defendant FM -ID -OFFICE THE PROTHONOTARY 2011i NOV -5 PM 3:O1 CUMBERLAND COUNTY PENNSYLVANIA NICOLE DERR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. KEITH DERR, : No. 10 - 3018 Civil Term : ACTION IN DIVORCE Defendant : CIVIL TERM - LAW MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this - day of (5)" 2014, by and between, NICOLE DERR, ofi8randon, Florida, (hereinafter referred to as "WIFE"), and KEITH DERR, of Newville, Pennsylvania, (hereinafter referred to as "HUSBAND"); WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 12, 1998 in Mount Holly Springs, Cumberland County, Pennsylvania; WHEREAS, the parties have no children together; WHEREAS, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: Page 1 I \Po ND461(D 1. DISCLOSURE OF ASSETS. Each party warrants that he or she is satisfied with the disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. If any disclosure has not been made, each party is indicating that by signing this agreement they are waiving said further disclosure. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently represented or fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non -disclosing party shall be responsible for payitent of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. WIFE has employed and had the benefit of counsel of Jane Adams, Esquire, as her attorney. HUSBAND is represented by Hannah White - Gibson, Esquire. Each party has carefully and completely read this agreement and has been advised or maintains that they are completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. Husband understands that Jane Adams, Esquire is only representing Wife. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that WIFE has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating Page 2 NAOND to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected 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 shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in 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 interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other Page 3 KI ND party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in his name alone or incurred by him after separation. (c) The parties will take any steps necessary to close any joint credit accounts. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. §3501 et. seq. 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 the marital rights of the parties. 9. PERSONAL PROPERTY. Other than as provided herein, Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the tangible personal property in Husband's possession shall be the sole and separate property of Husband; and Husband agrees that all of the tangible personal property in Wife's possession shall be the sole and separate property of Wife. Other than as provided herein, the parties do hereby specifically waive, release, renounce, Page 4 _QQND)' KD and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. Husband shall receive: The washer, dryer, a birth registration notice, his guns, his bows and hunting equipment. 10. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. The parties hereby agree that the provisions of this Agreement shall not be dischargable in Bankruptcy, and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations he or she assumed hereunder, the other party shall have the right to petition the court under the above -captioned docket number or under the Bankruptcy to seek restitution and compensation from the other party for any amounts that he or she would otherwise not have been responsible for under the original marriage settlement agreement. These amounts shall include reasonable attorney's fees and costs for the filing of the petition, and any other reasonable associated costs. 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: Each party shall retain the respective vehicles in their possession. Wife shall retain the Dodge Durango and Husband shall retain the camper. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles and all insurance, maintenance, repairs, registration, and any and all other costs or fees. 12. REAL ESTATE. The parties hold joint title as joint tenants by the entireties to a property known as 18 Shirley Lane Boiling Springs, Cumberland County, Pennsylvania, Parcel No. 40-28-2100-0003A which was purchased during the parties' marriage. Regarding this property, the parties agree as follows: Page 5 NhO ND (a) The property shall be listed for sale within thirty days of the execution of this agreement. Upon sale, Wife shall receive 60% of the proceeds from the sale of the marital home, and Husband shall receive 40% of the proceeds from the sale of the martial home. (b) The term proceeds is defined as the contract sales price of the property less any closing costs reflected on the HUD -1 Settlement Statement. 13. EMPLOYMENT, RETIREMENT BENEFITS, AND OTHER BENEFITS OR ACCOUNTS. The parties waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties' IRAs, 401(k)s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assert any claim to such benefits of the other at any time in the future. The parties further waive all interest in any life insurance, checking accounts, savings accounts or any other accounts or benefits of the other party. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 15. CEMETERY PLOTS. The parties have an interest in cemetery plots, which are fully paid off. The parties will complete the appropriate paperwork so that each party will retain one cemetery plot, which shall be titled in each parties name separately. After the transfer is made to each party's individual name, each party shall be entitled to keep, transfer, sell or do any other action with their interest as sole owner of the property. Page 6 P\ ND 16. TAXES. The parties have previously filed joint State and Federal Tax returns. The parties intend on filing separate income tax returns for the current year and in all subsequent years. Both parties acknowledge and agree that they have had the opportunity to retain their own accountants or tax advisors with reference to the tax implications of this Agreement. 17. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof 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. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 18. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 20. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 22. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed Page 7 NPtO ND D as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 23. SEVERABILITY. 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 provisions 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 obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 24. BREACH. In the event of the breach of this agreement by either party, the non -breaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses, and reasonable attorney fees incurred by the successful party, whether petitioner or respondent, in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. The parties agree that any enforcement action may be filed under the Cumberland County Civil Docket Number associated with the divorce complaint. 25. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. Page 8 /• OND4ZD IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: aicl, ole A. DerK Wife Date: Keith A. Derr, Husband Page 9 ND STATE OF CIO dzik- (�-S'03�"` ):ss COUNTY OF ) On this, the &) day of t(°6/Z— , 2014 before me, the undersigned officer, personally appeared NICOLE A. DERR known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m , .and and official seal. COMMONWEALTH OF 1 COUNTY OF 611Airyer toJJ On this, the t $`qday of , 2014 before me, the undersigned officer, personally appeared KEITH A. DERR known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. AdA Notary Public My commission expir-411 SEAL ):ss �iV%' IRIS N. CRUZ �•µ�P ,''`",,."c% Notary Public - State of Florida _• . Ili : •p My Comm. Expires Sep 18, 2016 r .�'��`o`' Commission # EE 836065 ��'' `°o-,,, Bonded Through National Notary Assn. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Tammie L. Crutcher, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 9, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Page 10 Notary Public My commission expires: q1C 5 SEAL t\J oN NICOLE DERR, vs. -4 t r : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVA zw yr : No. 10 - 3018 Civil Term v m, KEITH DERR, : ACTION IN DIVORCE Defendant : CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 20, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: I O -‘3O - ly icole Derr, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted: 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 030_ )9 icole Derr, Pia. tiff NICOLE DERR, vs. KEITH DERR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIjj : No. 10 - 3018 Civil Term r -n 073 : ACTION IN DIVORCE -<> Defendant : CIVIL ACTION - LAW, nC) c) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, - together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: Certified mail, restricted delivery, on May 10, 2010. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff: By Defendant: October 30, 2014. November 4, 2014. 4. Related claims pending: None; all were resolved by marriage settlement agreement which should be incorporated and not merged into the Decree. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: November 5, 2014. 6. Date Plaintiff's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: November 5, 2014. Date: kAV9 it spectfully submitt 1 J e Adams, Esquire . No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF NICOLE DERR CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH DERR NO. 10 - 3018 Civil Term DIVORCE DECREE AND NOW, Nov 12 0k l l:SOAK''! , it is ordered and decreed that NICOLE DERR , plaintiff, and KEITH DERR , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None, the marriage settlement agreement which was signed by the parties on October 30, 2014, and which was filed on November 5, 2014, shall be incorporated and not merged into this Decree. By the Court, Attest: i Prothonota (-G(-�• Cop ,nay!ed � �`� /�o/d�n s eoP y � W1CPd l Af-17 f7� oice �� ii�3/i�