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HomeMy WebLinkAbout01-1080KASEY L. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001- I0~0 DANIEL P. DORSEY, Defendant CIVIL TERM 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR A'I-I'ORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KASEY L. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- ,~£0 CIVIL TERM DANIEL P. DORSEY, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301('C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Kasey L. Dorsey, an adult individual who currently resides in Cumberland County, Pennsylvania. 2. Defendant is Daniel P. Dorsey, an adult individual who currently resides at 102 East Allen Street, Apt. 302, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 11, 1999, in Cumberland County, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. 6. 7. The marriage is irretrievably broken. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. VERIFICATION I verify that the statements made in this Complaint 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. KASEY L. DORSEY, Plaintiff DANIEL P. DORSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1080 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this /',~?/" day of March, 2001, I, Darren J. Hoist, Esquire, Attorney for Daniel P. Dorsey, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. '~ 3 rr~en J. Ho st, Esquire KASEY L. DORSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DANIEL P. DORSEY, Defendant NO. 2001-1080 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on February 23, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 13. 2001 ~ase~y i'' Dorsey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KASEY L. DORSEY, Plaintiff DANIEL P. DORSEY, NO. 2001-1080 CIVILTERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on February 23, 2001 and served upon Defendant on March 12, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN DANIEL P. DORSEY AND KASEY L. DORSEY Darren J. Hoist, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone.~ (717) 234-2616 Counsel for Daniel P. Dorsey Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 Telephone: (717) 249-6873 Counsel for Kasey L. Dorsey MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this 9. '-'day of ~'"~<--- ,2001, by and between DANIEL P. DORSEY, of Cumberland County, Pennsylvania, and KASEY L. DORSEY, of Cumberland County, Pennsylvania; WlTNESSETH: WHEREAS, Daniel P. Dorsey (hereinafter referred to as "Husband"), social security number 161-66-8367, was born on November 9, 1976, and currently resides at 105 East Allen Street, Apartment #302, Mechanicsburg, Cumberland County, Pennsylvania 17055; WHEREAS, Kasey L. Dorsey (hereinafter referred to as "Wife"), social security number 161-66-3311, was born on October 13, 1976, and currently resides at 72 West Louther Street, Apartment C, Carlisle, Cumberland County, Pennsylvania 17013; WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 11, 1999; VCltEREAS, the parties have lived separate and apart since on or about February 13, 2001; WHEREAS, the parties hereto are desirous of settling ~lly and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Darren J, Holst, Esquire for Husband and Michael A. Scherer, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the cimumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the 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. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divome, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or 2 the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, mad is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and 3 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 or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divome action with respect to these parties shall be limited to a claim from no-fault divorce only. The parties acknowledge that on or about February 23, 2001 Wife initiated a divorce action under the no-fault provisions of the divorce code by filing a complaint docketed at number 2001-1080 Civil Term in the Court of Common Pleas of Cumberland County and was served upon Husband on March 12, 2001. Once the ninety (90) day waiting period provided for under §3301(c) of the Divorce Code has expired, which shall occur on or about June 12, 2001 the parties agree that each will sign an Affidavit of Consent to divorce and a waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court, along with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt entry ora divorce decree. It is the intention of the parties to obtain a decree as soon as possible after June 12, 2001. 5. EOIJITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they maintained a lease hold estate throughout marriage, and, thus, own no legal or beneficial interest in real property. Hereafter, any reference to the "Marital Residence" is intended to specifically refer to the parties lease hold estate. 4 The parties agree that Husband shall be entitled to continue to reside in the iMarital Residence and Wife hereby releases any claims she may have with respect to the Marital Residence. It is understood by the parties, and Husband agrees, that, commencing on the date of the execution of this Agreement, Husband shall be solely responsible on the current lease to the property, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorney's fees, which may be incurred in connection with the lease hold estate. Co) Furnishings and Personalty. (1) The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rags, carpets, household appliances and equipment. (2) The parties agree that Husband shall retain as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings remaining in the Marital Residence. Notwithstanding the foregoing, the parties agree that Wife shall receive as her sole and separate property the quilt made by her great grandmother that is located in the Marital Residence. Wife agrees to retrieve the quilt from the Marital Residence within thirty (30) days of the execution date of this Agreement. (3) The parties agree that Wife shall retain as her sole and separate property, free of any and all fight, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession. (c) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1995 Dodge Stratus automobile currently titled in 5 may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401 (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specific~dly to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (f) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement sh~dl constitute a sufficient bill of sale to evidence the transfer of any and all fights in such property from each to the other. (g) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, 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 fights in such property from Husband to Wife. (h) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all fights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute 7 a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (i) Student Loans. The parties acknowledge that each has incurred school loans prior to marriage, and Husband and Wife represent and warrant that each will be solely responsible for the repayment of their respective loans and liabilities as they become due. Each party agrees to indemnify and hold the other party and his/her property harmless from said debts. (j) Assumption of Encumbrances. (1) Husband agrees that he shall be solely responsible for any and all liabilities he has incurred in his name alone since the date of marriage, specifically to include any obligations to issuers of credit cards in his name. Husband acknowledges that he is in possession of a Visa Credit card issued in his sole name with a current balance of approximately Seven Thousand Six Hundred Dollars ($7,600). Husband agrees to be solely responsible for payment of said Visa debt and agrees to indemnify and hold Wife and her property harmless from any liability, cost or expense associated therewith. (2) The parties acknowledge that during marriage they obtained a Master Card credit card titled in the joint names of the parties, which has a current balance of approximately Fourteen Thousand Six Hundred Dollars ($14,600). With respect to the jointly titled Master Card account the parties agree as follows: 8 (i) Simultaneously with the execution of this Agreement, Wife shall tender to Husband a cash payment of Six Thousand Dollars ($6,000) as and for payment on her portion of the obligation on the joint Master Card account; (ii) Husband agrees that he shall be solely responsible for payment of the remainder of the Master Card debt and hereby represents and warrants that he shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys' fees, which may be incurred in connection with the Master Card debt. (iii) Husband shall, within sixty (60) days of the date of execution of this Agreement, take all steps necessary to transfer the balance of the joint Master Card account to an account listed in his sole name. If Husband is at first unable to transfer the balance to a new account, he shall continue to make all responsible attempts to refinance the debt every six (6) months thereafter until such time as he is successful. (3) Wife agrees that she shall be solely responsible for any and all liabilities she has incurred in her sole name since the date of marriage, specifically to include any obligations to issuers of credit cards in her name. Wife shall forthwith deliver to Husband any and all credit cards in her possession that provide for joint liability and Husband shall thereafter close any and all credit card accounts which provide for joint liability. If Wife has incurred any liabilities since February 13, 2001 on any credit card account or any other account on which Husband is jointly liable, Wife shall be solely responsible for payment of any such liabilities which she has incurred and shall indemnify and hold Husband and his property harmless from any liability, cost or expense associated therewith. 9 (4) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold ham~less the other party in his/her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumes by the other pursuant to this Agreement. (k) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereatier incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (1) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (m) Indemnification of Husband. If any claim, action or proceeding is hereaRer initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against 10 any damages or loss resulting therefrom, including, but not limited to, costs ofcom~ and actual attorney's fees incurred by Husband in connection therewith. (n) Warranty as to Fntnre Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY~ ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all fights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimonypendente Hte, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any fights they may have to seek modification of the terms of this paragraph in a court o~'law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 11 8. WAIVER OF INHERITANCE RIGHTS. Unless othel~vise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all fights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. Iff and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to 12 division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, 13 administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamenta~ or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other count'ry. (d) Except for the obligations of the parties contained irt this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof 14 shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, 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 available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Daniel P. Dorsey 105 East Allen Street Apartment #302 Mechanicsburg, PA 17055 and to Wife, if made or addressed to the following: Kasey L. Dorsey 72 West Louther Street Apartment C Carlisle, PA 17013 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 15 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 16 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the fight to enfome this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 17 IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS/ 18 COMMONWF_d~TH OF PENNSYLVANIA COUNTY ~ BEFORE ME, the undersigned authority, on this day personally appeared DANIEL P. DORSEY known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDERMYHANDANDSEALOFOFFICEthis~ ,2001. . day of Commonwealth of Peh~ylvani~ Typed or printed name oF'Nmafy: My commission expires: NOTARIAL SEAL DEBRA M. SHIMP. Harrisburg, Dauphin County, PA My Commission Expires Aug. 23, 200~ 19 KASEY L. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1080 CIVIL TERM DANIEL P. DORSEY, Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Darren J. Hoist, Esquire, Attorney for the Defendant signed an Acceptance of Service form on March 12, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff June 13. 2001 , by the defendant June 13, 2001 (b) (1) Date of execution of the plaintiff's affidavit required by Section 330 l(d) of the divorce code N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: not applicable (b) Date plaintiff's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: June 15, 2001 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: June 15, 2001 Attorney for the Plaintiff, Kasey L. Dorsey IN THE COURT OF COMMON PLEAS KASEY L. DORSEY, PLAINTIFF OF CUMBERLAND COUNTY STATE Of PENNA. N O. 2001-1080 CIVIL DANIEL P. VERSUS DORSEY, DEFENDANT DECREE IN DIVORCE AND NOW, ~Uv'~ ~ KASEY L. DORSEY DECREED THAT DANIEL P. DORSEY AND , <i:OE)J', It IS OF!DERED AND , PLAINTIFF, , DEF~:2N DANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED JUNE 1~ 2001 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. BY THE COURT: