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HomeMy WebLinkAbout02-0403Jamie Short : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION Melissa L. Short : NO. 03, -/-~(~ oL Defendant : : IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish (o 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 annulmcat may be entered against you by the Court. A judgment may also be entered against y6u for any ot~er claim or relief requested in these papers by the Plaintiff.. You may lose money or property or other fights 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 thc Office of the Prothonotary, C,~mberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 TEI.F. PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square, Fourth Floor Carlisle, PA 170i3 (717) 240-6200 Jamie Short, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION Melissa L. Short : NO. O~ k/dX~ ~.~.~ Defendant : : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387. Prothonotary Jamie Short, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION Sho t, NO. Defendant IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaint/fils Jamie Short, a citizen of Pennsylvania, residing at PO Box 60052 Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is Melissa L. Short, a citizen of Pennsylvania, residing at 14 Hidden Noll Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully mamed on November 21, 1998 in Indiana County, Pennsylvania. 5. The man/age is irretdevably broken. 6. Neither Plainfiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the patties in this or any other jurisdiction. 8. The Plaintiffhas been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(e) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to aldivorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301 (c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievable broken. 15. After a period of two (2) years has elapsed from the date of separation, Plaintiff 2 Intends to file his affidavit of having lived separate and apart. 16. Plaintiffhas been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 330 1 (d) of the Divorce Code. 1300 Market Street, Suite 200. Lemoyne, Pennsylvania 17043 VERIFICATION I, Jami¢ Short, verify that fla¢ statements made in the Co~i~£,laint are true and correct. I understand thru false statements herein are made subject to the penalties of 18 Pa~ C.S. § 4904 relatin~ to)m~worn falsification to authorities. JAMIE SHORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL DIVISION : MELISSA L. SHORT, : : NO. 02-403 CIVIL TERM Defendant : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 24, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 tree 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. Melissa L. Short, Defendant JAMIE SHORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : CIVIL DIVISION : MELISSA L. SHORT, : : NO. 02-403 CIVIL TERM Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST 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 unswom falsification to authorities. Melissa L. Short, De~endant ' JAMIE SHORT, IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA vs. · CIVIL ACTION MELISSA L. SHORT, · NO. 02-403 CIVIL TERM Defendant · IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) oftbe Divorce Code was filed on January 24, 2002 and was served upon the Defendant on January 25, 2002 by certified mail, return receipt r_equ.est_ed: 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the: divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, JAMIE SHORT, IN THE COURT OF COMMON PLEAS OF Plaintiff ·CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION MELISSA L. SHORT, NO. 02-403 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE !~ ! con~.ent, to thc ~.n..~ of a final ~_e.cr.e.e of divorc_e ~t. hout. no~i~e~ 2. I understand that I may lose fights conceming 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 x~411 be ~ent to me immediately altair 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.A. § 4904 relating to unsworn falsification to authorities. Date: J~4iE _S_HO~T' -- - JAMIE SHORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION MELISSA L.SHORT, : NO. 02-403 CIVIL TERM Defendant : : IN DIVORCE PROOF OF SERVICE OF COMPLAINT TO THE PROTHONOTARY: Service of Complaint on Defendant Melissa Short by Certified Mail, evidenced by attached Domestic Return Receipt: · Pdnt your name and address on the reverse :/ ~{~ '~. {' dressee so that we can return the card to you. B. Received by(Printed Name) I C, D%t~ of Delivery · Attach this card to the back of the mailpiece, - .,~ ~ ~ or on the front if space permits, D. Is delivery address different from item 17 [] Yes 1. Article Addressed to: If YES, enter delivery address below: [] No 3. Service Type /'2 ~/3 [] Registered Ir-I Return Receipt for Merchandise [] Insured Mail 173 C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number ('rransfer from service label) 7001 1940 0005 8716 5813 PS Form 381 1, August 2001 Domestic Return Receipt 102595-01-M-2509 MICHAEL D. RENTSCHLER~ ESQUIRE Attorney for P:Laintiff 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Supreme Court liD No. 45836 fiats 1 o~ 1 JAMIE SHORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION MELISSA L.SHORT, : NO. 02-403 CIVIL TERM Defendant : : IN DIVORCE PROOF OF SERVICE OF CO~PLAINT TO THE PROTHONOTARY: Service of Complaint on Defendant Melissa Short by Certified Mail, evidenced by attached Domestic Return Receipt: · Complete items 1,2, and 3. Also complete I I A. ~gnature . /6' item 4 if Restricted Delivery is desired. · B Print your name and address on the reverse I~~ so that we can return the card to you. I I B. Received by (Print~:l Name) I C~ Da~of Delivery · Attach this card to the back of the mailpiece, / or on the front if space permits. / I~~ 91 D. Is delivery address different from item 17 [] Yes 1. Article Addressed to: ~11 If YES, ent~ detivery address below: [] No l- U,n.u U C.O.O.___ 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number ('rransferfrornservicelabel) 7001 1940 0005 8716 5813 PS Form 381 1, August 2001 Domestic Return Receipt 102595-01-M-2509 MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Supreme Court ID No. 45836 ]']~¥s 1 o~ 1 JAMIE SHORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : MELISSA L.SHORT, : NO. 02-403 CIVIL TERM Defendant : : IN DIVORCE PROOF OF SERVICE OF C(H~PLAINT TO THE PROTHONOTARY: Service of Complaint on Defendant Melissa Short by Certified Mail, evidenced by attached Domestic Return Receipt: · Complete items 1, 2, and 3. Also complete II A. S~gnature · Pdnt your name and address on the reverse so that we can return the card to you. I I B. Received by (Printe:l Name) I C~ Da..t~, of Deh~very · Attach this card to the back of the mailpiece, or on the front if space permits. /1-----~ ~ q I D. Is deliver' address different from item 17 I"1 Yes 1. Article Addressed to: / .~Certified Mail [-I Express Mail ~,~ ~:9/"3 / [] Registered [] Return Receipt for Merchandise I [] Insured Mail [-I C.O.D. J 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number ('rransferfromservicelabe/) 7BI]'I, 'l,=lqD rlDD5 ~,7'1,[= PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 MICH.~L D. RENTSCHLER, ESQUIRE Attorney for Plaintiff 1300 Market Street, Suite 200 Lemoyne, PA 17C43 (717) 975-9129 Supreme Court ID No. 45836 1-[(~7s 1 o~ 1 JAMIE SHORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : MELISSA L.SHORT, : NO. 02-403 CIVIL TERM Defendant : : IN DIVORCE PRAECIPE TO TRANSMITRECORD 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: Certified Mail served on Melissa Short on January 25, 2002. 3. The date of execution of the affidavit of consent required by Section 330tc of the Divorce Code: by Plaintiff November 20, 2002; by Defendant November 14, 2002. 4. There are no related claims pending. Ail property that has been divided is addressed in the Property Settlement Agreement, filed of record. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: December 17, 2002. Date Defendant's Waiver of Notice was filed with the Prothonotary: Now~mber 20, 2002. [~y~ 1 o~ 2 Law Office of Michael D. Rentschler, P.C. Da t ed: P-- ~~~-~~/ M-IC~D. R~NTSCHLER, ESQUIRE Attorney for Plaintiff 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Supreme Court ID No. 45836 IIeyz 2 o% 2 Property Settlement Agreement by and between JAMIE L. SHORT and MELISSA L. SHORT Property Settlement Agreement AGREEMENT MADE this day of , 2002, by and between JAMIE L. SHORT ("Husband") - AND - MELISSA L. SHORT ("Wife"). WHEREAS, the parties hereto are husband and wife having been married on November 21, 1998 in Pennsylvania. WHEREAS, one child was born of this marriage. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. N(FW, THEREFORE, in consideration of the foregoing 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, Husband and Wife, each intending to be legally bound hereby , covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at Docket No. 02-403 Civil Term. The parties agree that they will execute Affidavits of Consent in the aforementioned matter contemporaneous with the execution of this agreement. 2. Division of Property. Husband shall convey his interest and title in the Real Property situated at 14 Hidden Nolt Road to Wife. Wife agrees to execute any documents necessary to effect the removal of Husband's name from the Promissory Note and Title 2 on the property including best effort to refinance existing mortgage. Wife agrees to provide Husband with evidence of her efforts to refinance upon request of Husband to do so. Wife affirmatively holds Husband harmless from any claim she may have now or in the future for payment on said Promissory Note/Mortgage. The parties agree that Wife is entitled to the proceeds of the eventual sale of the real estate at 14 Hidden Noll Road. Consequently, Husband affirmatively renounces any claim that he might have had to the proceeds of said sale. Husband shall have title to the 2002 Chevrolet S-10 Pickup and the 1999 Chevrolet Monte Carlo and shall be liable for payment of the loans on said vehicles. Each party agrees to complete and sign any Department of Transportation documents necessary to effect any change of ownership, if necessary, said completion to be done within 15 calendar days of the execution of this document. Husband shall retain his Deferred Compensation fund. Husband shall have the two PSECU accounts. Wife shall have the Belco account. The parties have divided between them to their mutual satisfaction, all other personal effects, bank accounts, household furniture and furnishings and other items of personal property which have heretofore been used by them in common. 3. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 3 4. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 5. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 6. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and tlhe division is being effected without the introduction of outside funds or other property not constituting a part of the martial estate. It is the intention of the parties to treat all transfers herein as non-taxable. 4 7. Relin~uis~u~ent of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets in possession of Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets in possession of Husband. 8. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be their real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 9. Debts. Husband and Wife shall eacln be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Consequently, Wife shall be liable for the MBNA MasterCard in her name and Husband shall be liable for the MBNA MasterCard in his name. Wife shall be liable for the AT&T Universal Card. Husband shall be liable for the Wal-Mart credit card. Husband shall be liable for the PSECU loan in his name. Wife shall be liable for the Old Navy credit card in her name. Both parties represent and warrant to the other that as of the date of separation they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 10. Liabilities. Ail debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, 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 .save harmless from all other 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 pertaining to such actions, claims and demands. Both parties acknowledge that neither has, as of the date of separation, contracted nor incurred any debt or liability for which the other or his or her property ]nay be responsible, and each agrees to indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees. 11. Pension/Retirement Plans. Wife does not have a pension/retirement plan. Husband has a state employee retirement benefit with the Commonwealth of Pennsylvania which is not yet vested. Wife agrees to waive all of her right, title and interest that she may potentially have in said retirement. 12. Counsel Fees~ Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 13. Alimony. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 14. Life Insurance. Both mother and father agree to purchase and maintain a separate life insurance policy on themselves with a death benefit of at least $20,000 and to designate their daughter, Courtney, beneficiary of that policy until Courtney attains the age of 21 years of age. 15. Full 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 further enumeration or statement thereof in this Agreement is specifically waived. 16. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 17. Indemnification. Each party repr~esents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this .Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 18. Waivers of Claims A~ainst Estate. 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 rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the 9 property or the estate of the other as a result of the marital relationships, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 19. Waiver of Beneficiar~Designation. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights 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. If, 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 par~y. Notwithstanding l0 the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 20. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21. Fair and E~uitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. 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. 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.. 22. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 23. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 24. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 25. Severabilit~. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 26. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. Agreement Not to be ~rged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be 12 merged into said Decree. The parties shall have the right to enforce 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: ~ELISSA L. SH;ba~- --' C(H~~TH OF PENNSYLVANIA : : SS. : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, JAMIE L. SHORT, who being duly sworn according to law deposes and says that he is a party to the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this 16~~ day of ~ , 2002. ~i.i,; P~,~-~.oaoocfat~f%lube~ My Commi s s i on Exp i re s: CO~NWEALTH OF PENNSYLVANIA : com,v oF : Personally appeared before me, a Notary Public in and for the aforesaid Co~onwealth and County, MELISSA L. SHORT, who being duly sworn according to law deposes and says that she is a party to the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this ~ day of ~.~~ , My Co~ission Expires: ~0YASJAh IN THE COURT Of COMIVION PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. VERSUS DEcree IN DIVORCE aNd NOW, ~ ~1~ , . it IS ORDERED AND DECREED THAT ~'~z/~ ~:~ ~ , PLAINTIFF, AND ~'~L/~ ~o ~'~7~: ~- , 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; ATTES~ J. PROTHONOTARY