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HomeMy WebLinkAbout01-1724Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTA F. PERRY, Plaintiff JAY R. PERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. / 7;1y 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTA F. PERRY, Plaintiff JAY R. PERRY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/- / : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff ts Chrism F. Perry, an adult individual residing at 810 Lancelot Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Jay R. Perry, an adult individual residing at 810 Lancelot Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on March 12, 1977 in Cmberland County, Pennsylvania. 5. The parties are parents of two (2) minor children, namely: Erin Lynne Perry (born June 9, 1983) andTracey Jane Perry(born June 9, 1983). 6. The parties separated on May 22, 1999. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. 2 COUNT !1 EQUITABLE DISTRIBUTIO~ 12. The averments in paragraphs 1 through 11 of PlaintiWs Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Christa F. Perry, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and Dated: March 21, 2001 Awarding other relief as the Court deems just anti reasonable. Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTA F. PERRY, Plaintiff V. JAY R. PERRY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION ~ LAW : IN DIVORCE I, CHRISTA F. PERRY, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are tree and correct to the best of my knowledge, information and belief. I understand that any false statemems made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: ~,c4~, O: , 2001 ~ ~ ~)- CHRISTA F. PERRY Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTA F. PERRY, Plaintiff JAY R. PERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: ~cc~c/~- tx , 2001 CHRISTA F. PERRY Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTA F. PERRY, Plaintiff v. JAY R. PERRY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-1724 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVIC~ Dated: April 3, 2001 I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7099 3220 0007 0903 6887, Return Receipt Requested, on the above- named Defendant, Jay R. Perry, on March 29, 2001 at Defendant's last known address: 810 Lancelot Avenue, Mechanicsburg, PA 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID//32317 Attorney for Plaintiff 0O7O O4 $7.15 03/27/2001 ~ ~Name (plea~e.~j~nt Clea~ (~[ completed by mmller) a- [~i;~/,T~:i~;~'~*~'"i' A ! · Complete items 1, 2, and 3. Also complete ~ 4 if Restricted Delivery is desired. · ~l~int your name and address on the mveme so ~hat we can return the card to you. · Attach this card to the back of the mailpiece, ~ on the front if space permits. 1. ~icle Addressed to: RESTRICTED DELIVERY 2. At, cie Number (Copy from service label) []A~ 3. Service Type ~ Certified Mail [] Express Mail [ [] R~gis~ered [] Return Receipt for Merchal~les ~~__1 [] C.O.D. I 4.,Restricted Deliver? ? EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTA F. PERRY, Plaintiff JAY R. PERRY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 01-1724 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 23, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. CHRI~A F. PERRY Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTA F. PERRY, Plaintiff JAY R. PERRY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 01-1724 : : CIVIL ACTION - LAW : IN DIVORCE J~Y_AIYIgR OF~SkOILCE OF I~N!E_NTION TO~L~ST E~XTRY OF A DIVORCE DF~CREE LkB[DER ~33_01(c) Q~_THE D~XIRC, LE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy 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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE:/~" 2-'2_ -V / CHRISTA F. PERRY CHRISTA F. PERRY, Plaintiff Vo JAY R. PERRY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 01-1724 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSEN_T. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 23, 2001. · · · ninety 2. The marriage of plaintiff and defendant ~s ~rretnevably broken and days have elapsed from the date of filing and service of the Complaint. 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. DefendabW o, CHRISTA F. PERRY, Plaintiff : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 01-1724 JAY R. PERRY, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE UEST 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 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: Defendant/ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 71.(.~_~ 774-1445 CHRISTA F. PERRY, Plaintiff V. JAY R. PERRY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-1724 CIVIL ACTION - LAW IN DIVORCE P i CORI 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: United States Mai[ Certified Mai[ Restricted Delivery on March 29, 2001. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff: October 22, 2001; by Defendant: October 22, 2001. 4. Related claims pending: All matters have been resolved pursuant to a Property Settlement Agreement reached by the parties dated October 22, 2001 and incorporated, but not merged into the Decree. Octobe5r' 2~,at2e00P1;intDiaf[;s DWeaf}Vned~nO[oNoxxt~i~.e ~i_n ~33~ l(.c) D. ivorfe.~was filed with Prothonotary: Prothonotary: Octo'ber 25, 2001. , vvatvc, m ~ot~~Divorce was filed with Dated: October'S, 2001 ~~ _ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 ~ 774-1445 CHRISTA F. PERRY, Plaintiff V. JAY R. PERRY, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-1724 : CIVIL ACTION - LAW : IN DIVORCE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintif£s Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: October 2' ,fi'/2001 Heather M. Faust, Esquire Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA~ · [ Barbara Sumple-Sullivan, E-squire '.549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff CHRISTA F. PERRY, Plaintiff JAY R. PERRY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this a~)~ day of ~)Y~~, 2001, by and between CHRISTA F. PERRY of 810 Lancelot Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Wife"), and JAY R. PERRY of 810 Lancelot Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 12, 1977; and WHEREAS, two children have been born of this marriage, Erin Lynne Perry born on June 9, 1983, and Tracey Jane Perry born on June 9, 1983; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to DOCKET NO. 01-1724 CIVIL ACTION - LAW IN DIVORCE time choose or deem fit. The foregoing provisions 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. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and married except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by mason of debts or obligations incurred by him. 2 5. OUTSTANDING JOINT DEBTS: Husband and Wife agree that Husband shall be solely responsible for all outstanding debts and obligations that Husband and Wife have incurred prior to the signing of this Agreement as they relate to their real estate located at 810 Lancelot Avenue, Mechanicsburg, Cumberland County, Pennsylvania. Specifically, Husband agrees to pay, by virtue of his refinance which is to occur on Monday, October 22, 2001, the full outstanding balances of the original mortgage on the home held by Washington Mutual; the full balance of the second mortgage held by Waypoint; and the full balance of the third mortgage held by PNC Bank. Husband further agrees to indemnify and hold Wife harmless from these and any and all other liens, encumbrances, costs, claims or expenses related to said real estate. All other debts, contracts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees unless provided to the contrary herein. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code and any amendments thereto including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The parties agree that the moving party in any divorce action which has been commenced shall request the Court to incorporate, but not merge, this Agreement into any divorce decree. If this Agreement is incorporated into a divorce decree, the parties shall have the right to enforce this Agreement under the Divorce Code and any amendments thereto in addition to any remedies in law or equity and these enforcement rights are not waived or released by any of the provisions of this Agreement. The fact that a party brings an action to enforce the 4 property agreement as incorporated in the divorce decree does not give either party the right to raise other claims under the Divorce Code specifically waived and released by this paragraph, and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 7. DIVISION OF PERSONAL PROPERTY: The parties hereby divide their personal property, including but not limited to, household goods and furnishings, personal effects and all other items of personal property used by them in common. Husband shall become the sole owner and Wife shall waive any claim to the grand piano, currently located in the marital residence. All other items of personal property have been divided satisfactorily by the parties and neither shall make any claim to any such property presently in possession of the other. Should at any time, it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon request of the other party. 8. DIVISION OF REAL PROPERTY: Wife agrees to transfer all right, title and interest in and to the real estate situated at 810 Lancelot Avenue, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the name of Wife and Husband as tenants by the entireties to Husband. This transfer shall be specifically conditioned upon Husband's successful completion of the refinance of the real estate obligations set forth in 5 paragraph five (5) of this Agreement and payment to Wife of the sum of $47,500.00. Wife agrees to immediately execute a deed evidencing her transfer of the real estate to Husband but said deed shall be held in escrow by counsel for Wife and released to the title company only upon presentation of proof of the following: 1) the title company's receipt of sufficient funds to fully satisfy the obligations set forth in paragraph five (5) referenced as any outstanding liens or encumbrance against the real estate; 2) the title company's tender of the check of $47,500.00 to Wife; and 3) presentment of a copy of the settlement sheet to counsel for Wife to document the actual disbursement amount of the proceeds. Despite the relinquishment of her interest in the property by release of the deed, Wife shall have full right of possession and use of the home for 45 days from the actual date she receives her check in the amount of $47,500.00. After expiration of the 45 day period, Wife acknowledges that she has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the furore. Wife shall provide Husband with two (2) days written notice of the actual date she intends to vacate the property to allow Husband the opportunity to witness the items being removed from the marital residence by Wife. If Wife does not vacate the marital residence after the 45 day period specified above and Husband gives Wife permission to stay in the marital residence for an additional period of time, Wife shall agree to pay to Husband the sum of $75.00 per week for any week she shall stay after the 45 day period specified above has expired. 9. EACI-I PARTY RETAINS OWN PENSION PLANS: Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. 10. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE: The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value; and hereaRer Wife agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Husband shall become the sole and separate property of Husband; and Husband agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever fight, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 11. MARITAL DEBTS: The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each 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. 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. 12. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all fights he or she may now have or 8 hereatter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to cany into effect this mutual waiver and relinquishment of all such interests, rights and claims. 13. SUBSEQUENT DIVORCE: Both parties agree to execute Affidavits of Consent to Divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree pursuant to Section 3301 (c) of the Divorce Code contemporaneous with the signing of this Agreement and shall direct their respective counsel to immediately file with the Court said documents. Wife agrees that she shall direct Barbara Sumple- Sullivan, Esquire, her counsel to immediately file with the Court a Decree in Divorce fi.om the bonds of matrimony under Section 3301(c) of the Divorce Code. 14. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. 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 that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of Barbara Sumple-Sullivan, Esquire, as her attomey. The Husband has employed and had the benefit of counsel of Heather M. Faust, Esquire, as his attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and 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 collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital fights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed 10 individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, 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 their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 17. 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. 18. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. MUTUAL ACCEPTANCE: The parties 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 each other for their support and maintenance, and also alimony, alimony pendente lite, counsel fees or for any other 11 provision for their support and maintenance, and also alimony, alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceeding which may have been or may be instituted by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be charged by any counsel arising in any manner whatsoever for breach of this Agreement. 20. DESIRE OF TItE PARTIES: It is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or for support, alimony, counsel fees and costs. 21. COLLEGE EDUCATION FOR CI-IIIJIREN: It is further specifically understood and agreed that Husband and Wife agree to pay on behalf of each of the said children fifty percent (50%) each of the additional sum or sums as shall be reasonably necessary for payment of tuition, dormitory and/or room and board, books, supplies, fees, assessments, and other regular and normal college charges and expenses, and personal allowance so as to enable such child to secure and complete his or her college education. 12 Husband agrees to pay $2,500.00 from the refinance of the real estate, referenced in paragraph five (5), supra, to reduce the total tuition due for the first semester of school year 2002. This payment shall be applied against the total outstanding tuition for said semester and the remainder due after application of the $2,500.00 shall be share equally by the parties. 22. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 24. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 25. DISCLOSURE: The respective parties do hereby warrant, represent, and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any 13 further enumeration or statement thereof in this Agreemem is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and 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 or contention, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress, undue influence, or that there was any absence or lack of full, proper, and independent representation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. CHRISTA F. PERRY 15 COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF CUMBERLAND ) On this thec~ day of ~(-~.~2001, before me, the undersigned officer, personally appeared Christa F. Perry, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have My Commission Expires: COMMONWEALTH OF PENNSYLVANIA ) ) 8S.: COUNTY OF CUMBERLAND ) On this the ~o~,~t day of ~ ~ ., 2001, before me, the undersigned officer, personally appeared Jay R. Perry, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and notarial seal. 16 My Conmaission Expires: Notarial Seal Rhonda L. Lang, Nota~j Public Harrisburg, Dauphin County My Commission Expires Aug. 9, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. C~RISTA F. PERRY, Plaintiff VERSUS JAY R. PERRY, N o. 01-1724 DECREE IN AND NOW,_ DIVORCE 2001 , IT IS ORDERED AND DECREED THAT AND CHRISTA F. PERRY JAY R. PERRY ,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS Of MATRIMONY. THE COURT RETAINS jURISDICTION OF ThE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER hAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Property Settlement Agreement reached by the parties dated October 22, 2001 and incorporated, but not merged into the Decree.