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HomeMy WebLinkAbout04-5225 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. SUTCH, Plaintiff * NO. bY - ..Q~ C'~t.L '-r8Z.nJ * * VS, * CIVIL ACTION - LAW IN DIVORCE SUZANNE SUTCH, Defendant * * * * NOTICE TO D~E'END 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 MAYBE 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 MARRlAGE, YOU MAY REQUEST MARRlAGE COUNSELING. A LIST OF MARRlAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTIIOUSE SQUARE, CARLISLE, PA 170I3. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY A VENUE CARLISLE,PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. SUTCH, Plaintiff * NO, O<<-t - $'~~ C.,~L'--r~ * * vs. * CIVIL ACTION - LAW IN DIVORCE * * SUZANNE SUTCH, Defendant * * COMPL4.TNT COUNT I - DIVORCE UNDER SECTION 3301 OF THE DIVORCE CODE 1. The Plaintiff is James M. Sutch, who currently resides at 19 Wmeberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Suzanne Sutch, who currently resides at 19 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 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. Plaintiff and Defendant were married on May 10, 1997, in New Jersey 5. The parties have one (1) minor child: Jared Sutch, born on October 2, 1998. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiffhas been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) ~330I(c). The marriage of the parties is irretrievably broken. (b) ~330I(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will file an affidavit stating that the parties have been living separate and apart for at least two (2) years. 10. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT IT - CLAIM FOR EOUITABLE DMSION OF MARlTAkPROPERTY UNDER ~3502(a) OF THE DIVORCE CODE 11. Paragraphs one (1) through ten (10) are incorporated herein by reference as if set forth in full. 12. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to detennine and equitably distribute, divide or assign said marital property pursuant to ~3502(a) of the Divorce Code. Respectfully submitted, Dated: /o/;f 10 'I VERIFICATION I, James M. Sutch, verifY that the statements made in this document are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. CS. ~4904, relating to unsworn falsification to authorities. Date: /O):3;0,y JAME; M. SUTc7 Plaintiff ~ ~ ~'l ..l::: ~ t:; ~ l / ~ ~ ~ y...,:O ~ D ~ ~- 0 if? \J C c;.. ( I ~~ .p- ~r- V:-(2 ~ JAMES M. SUTCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VB. No. 04-5225 CIVIL TERM SUZANNE SUTCH, Defendant CIVIL ACTION -- DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Divorce Complaint in the above-referenced matter. A copy of the original Complaint is attached. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: --- . Winni(:k, Esquire 130 Church Street Dillsburg, PA 17019 (717) 432-9666 1.0. #78413 Dated: August 25, 2005 o ~..- ,..., = = ''''' ;:lo. c: C"? N o.n o -n :I!..,., m- r'- :8t5 i~~ ~.3fn --j 55 -< v :3; <;-1 c' 0::; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. SUTCH, * No. 04-5225 CIVIL TERM Plaintiff * * VS. * CIVIL ACTION * SUZANNE SUTCH, * DIVORCE Defendant * RETURN OF SERVICE JItr<~ On the _~2~ day of September, 2005, I. f:), 3 Rudy. Process Server. served SUZANNE SUTCH, with the Reinstated Divorce Complaint and Praecipe to Reinstate Complaint by Jjq.alt:/e/'"dr'f dtlt:c.lA-. SJ~Me~ .. (manner of service) at 52.8'6 S:",!:5P1' ;;;1'; 'Z.{ /U,cLCLH1c"Jvfj-r' 4:...__ at -J,i'~p.m. (time of service). I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date: _~~~__.__._ e RUDY jJ/'t/'<&"o -:;. ::::1 c "- ,...., C::J c> (;,..1"' o c.:"-~ -, ~ --I :r: -r, fl1p ~~~9 i~.;:~ ~i~~, '~2 ("'j ';'jT, '-.) . ::;: :!:g - I Ul -":) ~ft"" <;-;, - -.l r;)! " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. SUTCH, Plaintiff No. 04-5225 CIVIL TERM * * * * CIVIL ACTION vs. * SUZANNE SUTCH, Defendant * * DIVORCE AFFIDAVIT OF CONSENT 1, A complaint in Divorce under ~330 1 (c) of the Divorce Code was filed on October 18, 2004, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa, C.S, ~4904 relating to unsworn falsification to authorities. ~;;J'~C; Date I ~ ~5t:- es M. Sutch Plaintiff {'-"', r"\.:-. C c: cy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. SUTCH, Plaintiff * No. 04-5225 CIVIL TERM * * vs. CIVIL ACTION SUZANNE SUTCH, Defendant * * * * DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary , I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S, 94904 relating to unsworn falsification to authorities. (/z 7(0 r;;; Date ~uk7 Plaintiff ..--1 c' <.:. CI-I- s.us- e;u.:L 'T~ MARITAL SETTI,EMENT AGREEMENT THIS MARITAL SE'ITLEMENT AGREEMENT, made this~5 +'" day of -.J oJ"" <.. , 2006, by and between SUZANNE SUTCH, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"), and JAMES M. SUTCH, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on May 10, 1997, in New Jersey; WHEREAS, HUSBAND and WIFE are the parents of one (1) minor child: Jared Sutch, born on October 2, 1998; 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, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation 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; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to t 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, 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the maniage is irretrievably broken and agree to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code, The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all ofits covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vaty any term of this Agreement. It is the specific intent of the parties to pennit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRTRlfflON DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" dates which shall be specifically prescribed within this Agreement, including spousal support and/or alimony payments. 7. MUTUAL RET.EASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof: whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or ( c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other clain:1s pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COIJNSET .: WIFE has been represented by Tabetha A Tanner, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. HUSBAND has been represented by Bradley A. WInnick, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANlY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party hannless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold hannless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERlY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other, It is specifically agreed and understood that HUSBAND will retain and remove from the marital residence, in addition to his personal belongings, only the following items of personal property: a) HUSBAND's bedroom suite; b) a television; c) the television HUSBAND recently purchased for Jared's room; d) the sofa in the living room; e) the chair in the living room; t) the brown cabinet in the garage; g) the X-Box; h) the roll away tool chest; and i) the computer desk in Jared's room. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF MARITAL RESIDENCE: The parties jointly own the marital residence situate at 19 Wmeberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. WIFE shall retain sole and exclusive ownership and possession of said residence, but HUSBAND shall be entitled to continue residing therein until July 7,2006, at which time he shall vacate said residence. WIthin ninety (90) days of this Agreement, WIFE shall re-finance the mortgage with VNB Mortgage Services, Inc. into her sole name so to remove HUSBAND from any liability thereupon. HUSBAND shall execute a deed, prepared by counsel for WIFE and to be delivered by HUSBAND in advance of settlement on the re-finance, transferring all his right, title and interest in the marital residence to WIFE. Until such time as HUSBAND vacates the marital residence, he shall continue to pay his share of the household expenses per the mutual agreement of the parties. At all times subsequent to this HUSBAND vacating the marital residence, WIFE shall remain solely responsible for the mortgage, as well as any other payments associated with the marital residence, and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make proper payments thereon. It is agreed that each party shall keep the other apprised of their address and telephone number, and that HUSBAND shall so advise WIFE of his new address upon vacating the marital residence, Upon obtaining telephone service at his new residence, HUSBAND shall likewise advise WIFE of the telephone number. 13. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: The parties are the owners of various retirement accounts which shall be distributed in the following manner: TO BE RETAINED BY WIFE a) Rite Aid 401(k) b) Rite Aid Pension TO BE RETAINED BY HUSBAND American Century Investments Giftrust Account - Account # 025-41897; Fidelity Investments Individual Account - Account # 2AZ-340065; Fidelity Investments Traditional Individual Retirement Account - Account # 2AZ- a) b) c) 340073; d) e) f) E Trade Financial Account - Account # 6456-6951; EDS Personal Pension Account; EDS Stock It is agreed that each party shall retain sole and exclusive ownership of their respective accounts detailed above, and that each hereby waives any right, claim or interest they may have in the accounts of the other, 14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they do not possess any bank accounts or the like in both of their names, They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 15. MOTOR VEma.F.8: WIFE shall retain sole ownership and possession of the 2004 Ford Escape. HUSBAND shall retain sole ownership and possession of the 2004 Chevrolet Colorado and the Honda Motorcycle. Each party shall maintain sole responsibility for any and all payments associated with their respective vehicles and shall indemnify and hold the other hannless against any liability resulting from their failure to make proper payments thereon. 16. CASH PAYMENT: In consideration of the various covenants and promises contained herein, it is agreed that, within ninety (90) days of the effective date of this Agreement, WIFE shall pay to HUSBAND the lump sum ofS46,651.17. 17. AFrE:g-ACOlJ]RED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they 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, 18. WAIVER OF AI,IMONY: WIFE and HUSBAND recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory in regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and costs, 19. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2006 Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indenmify and hold hannless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally detennined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, It is further agreed that only the party exercising primary physical custody for the majority of any calendar year shall be entitled to claim Jared as a dependent for tax purposes. WIFE shall be entitled to claim this deduction for 2006, 20 APPLICABll ,MY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 21. MARITAL DEBT: Each party shall remain sole and exclusive responsibility for the payment of any and all debt in his or her individual name. The parties specifically represent that they are aware of no outstanding debt in the joint names of both parties. To the extent that any such joint debt may exist, said debt shall be assumed by the party to whom request for payment has been sent up to the effective date of this Agreement. The party assuming any such debt shall indemnify and hold the other party hannless against any liability resulting therefrom, 22. EFFECT OF DIVORCE DECQE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, 23. 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. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose ofhis or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and 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, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the 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 such interests, rights and claims. 25. 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. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDmONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. 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. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no fonnal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code, Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect, 31. 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 defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year :first above written. -j~ 11. -f~ WITNESS c:c~~~ SU SUTCH (SEAL) J#!V ~. ~l~SEAL) JAMES M. TCH COMMONWEALTII OF PENNSYLVANIA : SS. COUNTY OF Ctum kbrd On this, ,) 7 ~ day of -::r ul'\~ . 2006, before me a Notary Public, personally appeared Suzanne Sutch, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. MONInl_ _A_ __ MID .1."*UIU. ~ fI ,. .~lLr' - .......1..... 7~~ /J. ~ Notary Public COMMONWEALTII OF PENNSYLVANIA : SS. COUNTY OF On this, the~ day 0 2006, before me a Notary Public, personally appeared James M. Sutch, known me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. ~::: ~jJ;U COMMONWEALTH OF PENNSYLVANIA Notarial Seal 5 Dawn Gladfelter. NOO1IY Plil!ic . 0i\1sbIMg BorO. Vorl< CounlY , My Comr'f\lSSloIl Expires May 17. 2009 . Member. Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. SUTCH, * No. 04-5225 CIVIL TERM Plaintiff * * VS. * CIVIL ACTION * SUZANNE SUTCH, * DIVORCE Defendant * AFFIDAVIT OF CONSENT 1. A complaint in Divorce under S3301(c) of the Divorce Code was filed on October 18, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. 7,) ;'/0 h Date ~~/~/ S e Sutch Defendant ~._- , "',,' C.c.J r: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. SUTCH, Plaintiff * * No, 04-5225 CIVIL TERM * vs. * CIVIL ACTION * SUZANNE SUTCH, Defendant * DIVORCE * WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S, ~904 relating to unsworn falsification to authorities. .7).y /06 Date ~AVr~z;L Su e Sutch Defendant c;-, (_ --I l-':''':;". ;,'j r',~ -:C1 c"': _o,j' .< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. SUTCH, * No. 04-5225 CIVIL TERM Plaintiff * * vs. * CIVIL ACTION * SUZANNE SUTCH, * DIVORCE Defendant * 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant was personallv served with the Reinstated Complaint on September 12.2005. said Return of Service was filed with this Honorable Court on October 5. 2005. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: June 28. 2006 ; By Defendant: Julv 14. 2006. (b) (I) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled bv a Marital Settlemeat Al!:reement dated June 28. 2006 and filed with this Honorable Court on July 10.2006. 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: (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce wasfiledwith the Prothonotary: JuIv 10. 2006: Date Defendant's Waiver of Notice in Section 3301(c) Divorce wasfiledwith the Prothonotary: Julv 21. 2006. Respectfully Submitted: 7/:!:J 1/00 By: Jf/? Date: Bradley A. Winnick, Esquire Supreme Court J.D. #78413 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) --, c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES M. SUTCH, Plaintiff No. 04-5225 CIVIL TERM VERSUS SUZANNE SUTCH, nAfAndant . . . . DECREE IN DIVORCE AND NOW, ~7 iA(:/O fhVt . , ;r.u.. , IT IS ORDERED AND DECREED THAT JAMES M. SUTCH , PLAI NT! FF, . AND SUZANNE SUTCH , 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; The terms and provisions of the Marital Settlement Agreement signed by the of Divorce and remain binding upo d but not merged in the Decree parties and dated June 28, 2006 are here . . . . I 1 I ~ ~ -P 'p'.}.-?; ~~ ~. 0(-8 ~ P ~ ~,;.';'~ -PJ ~- ()/-s8