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HomeMy WebLinkAbout10-1448 Lora L. Davidson Plaintiff V. Gerald L. Davidson Defendant N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 10- I y y t'? CIVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS c 70 ?r ?IKZ (..: 0 0 v t N 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 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, Cumberland County Courthouse, I Courthouse Square, 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 10 f f •? 1 Lora L. Davidson Plaintiff V. Gerald L. Davidson Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 10- j yy CIVIL. TERM IN DIVORCE COMPLAINT UNDER §3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is kor CL .?0'0 18rN&V1\ , who currently resides at A I *l as Cumberland County, Pennsylvania. 2. Defendant is0-:rfta k(A who currently resides at mil'/ 5 ?? J?/1,DPlI ?l? _??y /o4 ? 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. at 4. Plaintiff and Defendant were married on Llrw- 5. The marriage is irretrievably broken, and the parties separated on My c9ooR 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. r 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Date Plaintiff, Pro Se c I, •C?i'? ?` 16?v, /ScI? , verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. §4904. 0 /c Ij /o Date: Plaintiff, Pro Se Assisted by: Jerry Brown, Esq. 4601 S. Clearview Dr. Camp Hill, PA 17011 (717) 737-9174 V Lora L. Davidson IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVA NIA V. NO. 10- q g CIVIL TERM n o Gerald L. Davidson Defendant IN DIVORCE -y ? 3' ; ss w PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Lora L. Davidson Plaintiff, to proceed in forma 12aupens. I, Jerry Brown, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. 10 6x3 It 1 ~~_- OM ~' j~TLII.AKIS Z0(0 ~,~i.~ --3 ~~~r %~ ~ ;., Michelle L. Sommer, Esquire f~'U(r 3 P/Yl a ~ ~/' E~ Attorney LD. #: 93034 ~ V ~ +_. _ ... _ !``d ~'i 2 West High Street r'~ i 1'-a ~ , Carlisle, PA 17013 (717)249-0900 LORA L. DAVIDSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 10-1448 CIVIL TERM GERALD L. DAVIDSON, Defendant IN DNORCE Please enter my appearance on behalf of the Defendant, Gerald L. Davidson, in the above- captioned matter. Respectfully submitted, Date ~~Z~~U ABOM & KUTULAKIS, L.L.P. Michelle L. Sommer, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 4. LORA L. DAVIDSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 10-1448 CIVIL TERM cr`.~ ~' , a ..~ GERALD L. DAVIDSON ' ') r '~~m c Defendant ~ IN DNORCE ~ } ~ ' c.,:. W ._ ~ ., -- ,. ~ ACCEPTANCE OF SERVICE ~~' "~ • • ~~_' c. S AND NOW, this Z-n~ day of August, 2010, I, Gerald L. Davidson, hereby certify that I did receive and accepted service of the Complaint in Divorce on the 17~ day of March, 2010, in the above captioned matter, by Certified Mail at the Shippensburg Post Office, and I further certify that I was authorized to do so. ~~0~-~/4 ,~~ DATE ~~z---. GERALD L. DAVIDSON Customer Copy Receipt acknowledging receipt on March 17, 2010, is attached as Exhibit "A". Respectfully submitted, DATE ~ 12 1 (O ABOM ~ KUTULAKIS, L.L.P ~. Michelle L. So ,Esquire Supreme Court ID #93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 A#orney for Defendant ~,.. £: ~: . ~. ~ _~ ,: . , P ~~ - y 5'~II~NSBt~, Fen~iSYTvanla ~' s 172579988 41348~U257 -(~8 ' . 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I N t 100f~205133289 All salts final on stam~c and posta~e ' Refur~s for.~yluarpltead services on y ?hank .you for yc~- bu$1 -xxxxxxxxxx,~xx~~xxxxx~xxx*~rxwiexXxrtr*~* xxxxxxxxxxxx~xxxxx,i~Xrxzi~~Ex*xxxx~t*Xwx~ FLIP US SERVE YQU BEf I'Ei1 a to: https://postal axpert~aCa.comfPos TELL US ABOUT Y~~t t*i CENT ROST>AL ~(PEpiTf.MC£ YOVIR OPII~o~, r,P1~1A1~S ..•xxxx:r- •xYtYexMxyKy«e~i~rx**~*xKaxx~rt>ft~txx •r; Y(xx7CR r',:%x7kXX*'~X7M ~1 Yt xxlf 7lxl~Y`,;~xx Y ~ ; c -M11. ' ~ ~ ~a_ :~~Jar Copy 3 s~:...~~ ~_ ~. . ~~ 'k. Exhibit "A" o OM ~' ~E~. LITLILAKIS pv~ 3 ~m a: ~Y 21i0 ~~~.t~ _; ~~ r ~: Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street .-.~ : , ;,, ~ ~-u Carlisle, PA 17013 fi't' ~.4r~'~ ' ' ' ~ (717) 249-0900 ~ ~~" a,-~"~ ~ ~'~ LORA L. DAVIDSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v NO. 10-1448 CNIL TERM GERALD L. DAVIDSON, Defendant IN DIVORCE ANSUDER TO Pi AINTTFF~S ('OMPi ATNT UNDER §~3301(~~OR (dl OF THE DIVORCE CODE AND NFW MATTER AND NOS, this 2nd day of August, 2010, comes the Defendant, GERALD L. DAVIDSON, by and through his attorney, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and files this An.r~ver and Counterclaim of Nesv Matter to Plainti~'s Divorce Complaint of which the following is a statement: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted and Denied. It is admitted that the marriage is irretrievably broken. It is specifically denied that the parties separated in November 2009. By way of further answer, the parties officially separated on March 17, 2010 when the Defendant was served with. the Divorce Complaint by Certified Mail. 6. Admitted. g ~ q , a~"U pd ~~y ce ~-a ~l R~~~~ao3 7. Admitted. 8. Respondent is unable to admit or deny this averment. COUNTERCLAIM FOR EQUITABLE DISTRIBUTION 9. Defendant incorporates his answers as set forth in paragraphs one (1) through eight (8) as though set forth in full. 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from July 1, 1989 until March 17, 2010, the date of their separation, which property is "marital property". 11. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has .been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, OM ~ KUTULAKIS, L.L.P. ID ~,- Date Michelle L. Sommer, Esquire Attorney I.D. No.: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant I, GERALD L. DAVIDSON, verify that the answers produced and the statements made in the foregoing Answer to Plaintiffls Complaint Under §§3301(c) of (d) of the Divorce Code and New Matter- are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein axe made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification. to authorities. Date 7~7 l /~' ~-- ~-~'~ L' GERALD L. DAVIDSON AND NOW, this 2nd day of August, 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the- foregoing Answer and New Matter upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following. ferry W. Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 Attorney for the Plainti~ ABOM ~ KUTULAKIS, L.L.P. ~- Michelle L. So er, Esquire Attorney I.D. No.: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant OM & UTUI.KIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 LORA L. DAVIDSON, Plaintiff V. GERALD L. DAVIDSON, Defendant IN DIVORCE Notice is hereby given that the Plaintiff in the above matter, LORA LYNN DAVIDSON, pursuant to the divorce action filed at the above term and number, hereby elects to resume the prior surname of LAUGHLIN, thereby changing her legal name to LORA LYNN LAUGHLIN, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 5704. Date: / a-/ 5'/?V& FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 1 G PM 1: 36 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-1448 CIVIL TERM /10_? '114111L LORA LYNN AVIDSON LORA LYNN i.TGHLIN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On the day of December, 2010, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. 2ke? 0? 1 U ? V_/R? Notary Public =MYVM NWEALTH OF PENNSYLVANIA r IV LORA L. DAVIDSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 10-1448 ---? r'71 M GERALD L. DAVIDSON, CIVIL ACTION - LAW Defendant IN DIVORCE c??? MA RITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ( day of December, 2010 between LORA L. DAVIDSON, (hereinafter referred to as `Wife), and GERALD L. DAVIDSON, (hereinafter referred to as `Husband). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 1, 1989, in Cumberland County, Pennsylvania; WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling 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 Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband is represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and that Wife is representing herself pro se. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for 1 V which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such 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 act, contracts, 2 engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception 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 law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or 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 provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other on account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter. 3 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third- party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenant and agree that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The 4 transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. Husband and Wife agree to split any and all tax liability or refund that the parties are entitled to for the 2010 tax year. The amount that each party will receive or owe will be determined after the parties file their 2010 tax return(s). 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION, 401(k), IRA, KEOGH OR OTHER EMPLOYMENT-RELATED PLANS and FUTURE SOCIAL SECURITY RETIREMENT. The parties agree to waive any interest they may have in each other's pension, profit-sharing, retirement, credit union, 401(k), IRA, Keogh or other employment-related plans; as well as, any future Social Security Retirement the parties may be entitled to upon retirement age. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in §3502 of the Pennsylvania Divorce -Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions 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 or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker, the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. 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 5 division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. MOTOR VEHICLES. 1. 2005 Saturn Relay. Wife shall retain exclusive possession of the 2005 Saturn Relay. Husband agrees to satisfy the outstanding balance of the loan used to purchase the vehicle and give Wife a clear title within fifteen days of re-financing the marital home. 2. 1999 Ford Escort. Husband shall retain exclusive possession of the 1999 Ford Escort. Once Husband satisfies the outstanding balance on the loan associated with the vehicle, Wife agrees to execute the necessary paperwork to remove her name from the title, thereby making Husband the sole titled owner. 3. 1994 Chevrolet 1500 Silverado Truck. Husband shall retain exclusive possession of 1994 Chevrolet 1500 Silverado Truck. Once Husband satisfies the outstanding balance on the loan associated with the vehicle on March 1, 2011, Wife agrees to execute the necessary paperwork to remove her name from the title, thereby making Husband the sole titled owner. b. DISTRIBUTION OF PERSONAL PROPERTY. The parties hereto mutually agree that they Wife will receive the following items of personal property from the marital residence: 1. Wife's Dog, Reba 2. The parties boat, "Lora Lisa," and all items incident to the boat 3. The blue screened tent from Wife's grandparents 4. One of the parties tents 5. The antiques that belonged to Wife's grandparents 6. The bedroom suit Wife received as a gift for her high school graduation 6 7. The television set Wife received for Christmas while she was still in school 8. One of the parties DVD players 9. DVD movies to be determined by the parties 10. Adequate furniture to furnish an apartment 11. Kitchen Appliances as to be determined by the parties 12. Camping equipment as to be determined by the parties 13.$500.00 in cash from Husband within fifteen days of signing the documents that execute the re-finance of the marital residence From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. C. SALE OF REAL ESTATE. It is understood and agreed that the parties are joint owners of certain real estate located at 61 Byers Road, Shippensburg, Cumberland County, Pennsylvania, 17257 which is encumbered by a mortgage. With respect to the marital residence, the parties agree that Wife must vacate the marital residence by January 30, 2011 and must execute documents to effect the removal of her name from documents evidencing ownership of the property. Husband agrees to re-finance the existing obligation on the marital residence in order to effect the payments delineated paragraphs 7(a)(1) and 7(b)(13) of this Agreement. 8. DEBTS. Husband represents and warrants to Wife that since the separation 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 he shall indemnify and save Wife harmless from 7 any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she will not in the future contract or incur any debt or liability for which husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. With respect to all current financial debts and obligations currently owed by the Husband and Wife, each party agrees to accept full responsibility and indemnify and save the other party harmless from any an all claims or demands made against them by reason of the debts that each party currently holds in their respective names. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 10. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Husband and Wife accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 11. DIVORCE. A Complaint in divorce has been filed to Docket No. 10-1448 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting 8 from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. BANKING ACCOUNTS. The parties currently have joint banking accounts. Wife agrees to close out all such joint banking accounts maintained by the parties. 13. 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. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 14. RECONCILIATION. 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. 15. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of 9 any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. 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 the parties to execute the Agreement. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of the 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 the Agreement. 17. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 18. 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. 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 10 20. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 21. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 22. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 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 provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 24. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the pacbes. 11 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: 4 q.b4ml) fitk.ne u?i? /lL: (SEAL) LORA L. DAVIDSON ` z SEAL GERALD L. DAVIDSON 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this 4b? day of "jge& , 2010, before me, the undersigned officer, personally appeared LORA L. DAVIDSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NOTARY PUBLIC COMMONWEaDI OF PENNSYLVANIA NOTARIAL SEAL Deborah L Ryan, Notary Public Carlisle amough, Cumberland CmMty M commission C*Ves June 11, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this day of ?-- , 2010, before me, the undersigned officer, personally appeared GERALD L. DAVIDSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. NOTARY PU L C GOMWNWEALM OF PENNSYLVANIA NOTARIAL SEAL Deborah L Ryan, Notary Public Carlisle ??Bh, Cumberland Canty X10n June 11, 2014 13 ?BOM FILED-OFFICE C"' Tfi PR0THCNDTAR'1( UTUL AKIS Michelle L. Sommer, Esquire 20 10 DEC 16 PM l : !a 4 Attorney I.D. No.: 93034 2West HighStreet CUMBERLAND COUNTY Carlisle, Pennsylvania 17013 PENNSYLVANIA (717) 249-0900 LORA L. DAVIDSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 10-1448 CIVIL TERM GERALD L. DAVIDSON, Defendant IN DIVORCE To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1) Ground(s) for Divorce: a) Irretrievable Breakdown under §3301(c) of the Divorce Code. 2) Date and manner of service of the Complaint: a) March 17, 2010 by Certified Mail at the Shippensburg Post Office.. 3) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a) by Plaintiff December 15,2010; by Defendant: December 15, 2010. 4) Related claims pending: a) Marital Settlement Agreement dated December 15, 2010 is incorporated but not merged into the Divorce Decree. 5) Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a) by Plaintiff: December 16,2010; by Defendant: December 16, 2010. Respectfully submitted, DATE iA u ( o oar & KUTULAms, L.L.P U? Michelle L. Sommer, Esquire Supreme Court ID #93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant AOM C& ' uTULAxis Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 LORA L. DAVIDSON, Plaintiff V. GERALD L. DAVIDSON, Defendant FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 16 Pik 1 CUMBERLAND COtlNT'i, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-1448 CIVIL TERM IN DIVORCE 1. A Complaint in divorce under §§ 3301(c) and 3301(d) of the Divorce Code was filed on March 2, 2010. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date:1 GERALD L. DAVIDSON OM & LITLILAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 LORA L. DAVIDSON, Plaintiff V. GERALD L. DAVIDSON, Defendant FILED-OFFICE. , OF THE PRQTHCNO A',,?Y 2910 DEC 16 PH I : 4.3 r;'CMBERLAND CflIFNTz, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-1448 CIVIL TERM IN DIVORCE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ?J3?J? - ?? -?- Date: T? GERALD L. DAVIDSON, Defendant FILED-OFFICE OM & Oi THE PROTHONOTAa v, &UTUIL AKIS - 20 10 DEC 16 PM I:4 2 Michelle L. Sommer, Esquire Attorney LD. #: 93034 t 2 W Hi h St CUMBERLAND COUNTY ree g est Carlisle, PA 17013 PENNSYLVANIA (717) 249=0900 LORA L. DAVIDSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 10-1448 CIVIL TERM GERALD L. DAVIDSON, Defendant IN DIVORCE 1. A Complaint in divorce under §§ 3301(c) and 3301(d) of the Divorce Code was filed on March 2, 2010. 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. 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: /o2I/6 /2o l D LORA L. DAVIDSON Aom &' ttTUraKis Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 LORA L. DAVIDSON, Plaintiff V. GERALD L. DAVIDSON, Defendant FILED-OFFICE r T'HE PRO T HOHC 17 T ` 2010 DEC 16 PM 1: 4 ".3 CUMBERLAND COUN '` PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-1448 CIVIL TERM IN DIVORCE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: I a//5/aoID AP' C? ?1 ?(.n,rx LORA L. DAVIDSON, Plaintiff LORA L. DAVIDSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GERALD L. DAVIDSON : NO. 10-1448 DIVORCE DECREE AND NOW, it is ordered and decreed that LORA L. DAVIDSON GERALD L. DAVIDSON bonds of matrimony. plaintiff, and defendant, are divorced from the 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.") The Marital Settlement Agreement dated December 15, 2010, is incorporated but not merged. By the C , Attest: J Prothonotary Otrt . Copy MW I&d 4o PI PP W-ioe 4 Copy rro-ilea 4 04?