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HomeMy WebLinkAbout02-0948KERRY EILEEN SEEKFORD, Plaintiff vs. KIRK ALLAN SEEKFORD, Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 Uberty Street Carlisle, PA 17013 (717) 249-3166 KERRY EILEEN SEEKFORD, Plaintiff VS. KIRK ALLAN SEEKFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with §3502 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Court House, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must take your request for counseling within (20) days twenty of the date on which you receive this notice. Failure to do so with constitute a waiver of your right to request counseling. KERRY EILEEN SEEKFORD, Plaintiff VS. KIRK AIJ.AN SEEKFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERIJAND COUNTY, PA NO: (3.~-qL/~ CIVIL ACTION-LAW COMPLAINT 1. Plaintiff is KERRY EILEEN SEEKFORD, who currently resides at 269 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is KIRK .Al J,AN SEEKFORD, is an adult individual, who currently resides 48 W. 3'a Street, Waynesboro, Pennsylvania. 3. The Plaintiff has been a bona fide resident(s) in the Commonwealth for at least six (6) months immediately previous to the f'fling of this Complaint. 4. The Plaintiff and Defendant were married on July 14, 2001, in Hagerstown, Washington County, MD. the parties. 6. 7. There have been no prior actions of divorce or for annulment between The Plaintiff in this action is not a member of the Armed forces. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the court require the parties to participate in counseling prior to the divorce decree being handed down by the court. 9. The marriage is irretrievably broken. WHEREFORE: The Plaintiff requests the Court to enter a decree of Divorce. Date: February 25, 2002 Respectfully submitted, Aborn & KutuIatds, L.LP. Jas ,n P. Kutulakis, Esquire Au vmey I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff KERRY EILEEN SEEKFORD, : Plaintiff : : vs. : NO. : : KIRK ALLAN SEEKFORD, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERI,AND, PENNSYLVANIA CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing complaint and divorce are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. [4904, relating to unswom falsifications to authorities. Date 'ry-E en Seekfo d KERRY EILEEN SEEKFORD, : Plaintiff : : vs. : NO. . . KIRK ALLAN SEEKFORD, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERI,AND, PENNSYLVANIA CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Jason P. Kutulakis, Esquire, hereby certify that on this 26e' day of February, 2002, a true and correct copy of the within DIVORCE CO&IPLAINTwas served upon Defendant by Certified United States Mail, First Class, postage pre-paid, addressed as follows: Kirk Allan Seekford 48 W. 3d Street Waynesboro, PA 17268 AND Kirk Allan Seekford c/o Seekford 18642 Poffenbeager Road Hagerstown, MA 21740 Jas41~ P. Kutulakis eesse~pp~l¢.~] ~ue6v [ :MOleq sseJppe ~e^ilep Je3ue 'S~A Jl :Ol pesseJppv elO!lJ¥ ' ~ i[00i[ 'Iv qoJ~IA[ SDll~ll']J~I ¥ I4[ORY 'poll!mqns ,(IInJloodso}I uo p.mo ld.toooJ poqol~lll~ oql uo poSpol~ou'4~ ~ q~!q~ jo ld!Oom 'lu~puoJoO oql uodn 'opoD O~aOA.KI oql Jo (o)I0g£ uo.nooS ~opufl lmyldmOD oql jo ,~doo looJaoo ptm oral e po,uos I leql .~p.l~oo ~qmoq 'SPlvlnln~ 'd uo~f 'I :tOlAlt~IS dO &IAVOIA~IV Ah¥'"I-NOIIOV -IIAIO : 4.uopuej. eo : 'Q~OJ)I3:IS NV-I-IV Vd 'AJ. NFIOO C]NV-i Ja ]lAIrl:::): J~!4.U!Old S¥3'1d NOIAIIAIOO -IO l?.JnOO 3HI NI : 'G~JOJ)t33S N33-113 KERRY EILEEN SEEKFORD, Plaintiff V KIRK ALLAN SEEKFORD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. 02 - 948 CIVIL ACTION - LAW : _. : IN DIVORCE PRAECIPE TO THEPROTHONOTARY: Please withdraw the appearance of the firm of Aborn & Kutulakis as counsel for the Plaintiff in the above referenced matter and enter the appearance of the firm Broujos & Gilroy, P.C. as attorney for the Plaintiff. · Dat~ ABOM & KUTULAKIS By: ~'~/~)' ~~.~L~._~ Kara W. ltaggert~squire (3 BROUJOS & GILROY, P.C. it~nbert X.~lroy, Esqnire KERRY EILEEN SEEKFORD, : Plaintiff : KIRK ALLAN SEEKFORD, : Defendant : THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 948 CIVIL IN DIVORCE TO: Hubert X. Gilroy Kirk Allan Seekford , Attorney for Plaintiff , Defendant DATE: Monday, January 26, 2004 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. (a) OR IF DISCOVERY IS NOT COMPLETE: Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. COUNSEL TIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NO'r BE ISSUED FOR THE FILING OF PRETRIAL STATEMEN'rS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. cc: M. Teri Hall Stiltner, Attorney at Law KERRY EILEEN SEEKFORD, Plaintiff vs. KIRK ALLAN SEEKFORD, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 948 CIVIL IN DIVORCE TO: Hubert X. Gilroy Kirk Allan Seekford , Attorney for Plaintiff , Defendant DATE: Monday, January 26, 2004 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. (a) OR IF DISCOVERY IS NOT COMPLETE: Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (bi Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. cOUNSEL FOR PLA%NTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. cc: M. Teri Hall Stiltner, Attorney at Law KERRY EILEEN SEEKFORD, Plaintiff KIRK ALLAN SEEKFORD, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-948 : :CIVIL ACTION - LAW :IN DIVORCE .. PETITION RAISING ECONOMIC CLAIMS Plaintiff, Kerry Eileen Seekford, by her attorney's Broujos and Gilroy, P.C., sets forth the following: 1. The parties possess various items of personal property which are subject to equitable distribution. WHEREFORE, Plaintiff requests your honorable court to equitably divide marital property of the parties. Respectfully submitted, Hubert X. Gilroy, Esqui~ Atto .rney for ..Defenda_~ Tanya L. Broujos & Gilroy, P:C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Ware KERRY EILEEN SEEKFORD, Plaintiff : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PA VS, · NO: 02-948 Civil Term KIRK ALLAN SEEKFORD, Defendant : CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on February 26, 2002. 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 diw3rce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. KIR~ ALLAN SEE~FORD KERRY EILEEN SEEKFORD, Plaintiff VS, KIRK ALLAN SEEKFORD, Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PA : NO: 02-948 CMl Term : ClVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCl-' 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 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 am 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: KIRK ALL/~N'~I~'KFORD KERRY EILEEN SEEKFORD, Plaintiff v KIRK ALLAN SEEKFORD, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02 -948 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECR~E UNDER ~CTION ~30! (c) OF THE DIV¢)~ICE Ci~EDiZ. ~ . A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on February 26, 2002. Defendant acknowledges receipt and accepts service of the Complaint on or about February 27, 2002. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Compl.'6nt. I consent to the entry ora final decree of divorce without notice. 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. 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 imn~tediately after it is filed with the Prothonotary. o I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date:.__~' - ,t '7 ~ Oq- txerlT._.~leen Seekfo d~ainti~'~ KERRY EILEEN SEEKFORD, Plaintiff KIRK ALLAN SEEKFORD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 948 CIVIL : : CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section (X)3301(c) ()3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: February 27, 2002, First Class Certified Mail, Return Receipt Requested, Restricted Delivery. 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: May 17, 2004; Defendant: may 3, 2004. (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the · 2 Divorce Code: , ( ) Date of service of the Plaintiff's affidavit upon the Defendant: 4. Related claims pending: None. 5. Complete either (a) (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 Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 26, 2004. (c) Date Defendant's Waiver of Notice in §3302(c) Divorce was filed with the Prothonotary: May 13, 2004. Hubert X. Gilroy, Ssqu~ A~rney for Plaintiff Broujos & Gilroy, PC 4 No~h Hanover Street Carlisle, PA 1701[3 717-243-4574 PROPERTY AND SEPARATION AGREEMENT BETWEEN KERRY E. SEEKFORD AND KIRK A. SEEKFORD BARLEY, SNYDER, SENFT & COHEN, LLC 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 THIS AGREEMENT between Kerry E. Seekford of 269 West Ridge Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and Kirk A. Seekford of 18642 Poffenberger Road, Hagerstown, Washington County, Maryland, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on July 14,2001 in Hagerstown, Washington County, Maryland; 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 their respective financial rights and obligations as between each other including: settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife; WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of/heir legal rights and the implications of this Agreement and the legal consequence,.s which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income ofltusband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; 2 NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Hubert X. Gilroy, Esquire, for Wife and M. Teri Hall Stiltner, Esquire, for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered in~:o 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 and the parties hereto state that he or she, in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 1259130-1 3 3. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were umnarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective l~'amilies of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 4. AGREEMENT NOT TO BAR DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such 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 which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1980. 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this 1259130-1 4 Agreement shall not be merged in the decree, but shall surviw~' the same and shall be binding and conclusive on the parties for all times. 6. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rags, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate prolperty of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 1259130-1 5 9. AFTER-ACQUIRED PERSONAL PROPERTY/KEAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate 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. 10. PENSION INTERESTS: a. The parties recognize that Husband has a pensic~n plan and/or retirement plan and/or retirement savings plan as a result of his employment with Maryland Correctional Training Center. For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution or otherwise in Husband's pension plan and/or retirement plan and/or retirement savings plan. b. The parties recognize that Wife has a pension plan and/or retirement plan and/or retirement savings plan as a result of her employment with IVlowerly Elementary School. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable distribution or otherwise in Wife's pension plan and/or retirement plan and/or retirement savings plan. c. Each party specifically waives any and all rights to pre-retirement death benefits and survivor benefits under the other's pension or retirement plan(s) and each acknowledges that the effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these contracts, plans or accounts if the other dies before or after reaching retirement age and each agrees and unequivocally consents to the designation by the other of any alternate or further beneficiaries at any time. 1259130-1 11. DEBTS: a. Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. b. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt prope~y sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her ob][igations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 1259130-1 7 12. WARRANTY 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 or hold the other party harmless 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. 13. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent a~ad agree that each will now and at all times hereafter save harmless and keep the other indemnified from 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 and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 14. WAIVER OF SUPPORT: a. Husband hereby waives all right to claim against Wife for support, alimony, alimony pendente lite, counsel fees and expenses. b. Wife hereby waives all right to claim against Husband for support, alimony, alimony pendente lite, counsel fees and expenses. 15. MUTUAL RELEASES: Husband and Wife each do hereby mutually remise, re]lease, quitclaim 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 interests, or claims in or against the property (including income and 1259130-1 8 gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, 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 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 other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 the intention of Husband and Wife to give to 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 mad obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 16. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued 1259130-1 9 32. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 33. AGREEMENT BIND1NG ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and ass!igns. 34. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1N WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness~~¢ Kerry E?,~ekford J~~(Seal) Kirk A. Seekfor~~ - 1259130-1 15 COMMONWEALTH OF PENtgS'YL-VA-NIA ) V I ) SS. COUNTY OF F~P-.-~...~z~'i--'~ ~ ~-r,,~ m ) On this, the ? ~ day of ~. ~-~ ~ ,2004, before me, a notary public, the undersigned officer, personally appeared Kerry E. Seekford, 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 purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Notary~u~lic ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN On this, the e~9o~~d day of C~.'J2~ ) ) ss. ) ,2004, before me, a notary public, the undersigned officer, personally appeared Kirk A. Seekford, 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 purposes therein contained. In Wimess Whereof, I hereunto set my hand and notarial seal. 1259130-1 Notary Public IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ~~ PENNA. KERRYEILEEN SEEKFORD Plaintiff VERSUS KIRK ALLAN SEEKFORD Defendant NO. 02 - 948 DECREE iN DIVORCE AND NOW, DECREED THAT AND KERRY EILEEN SEEKFORD KIRK ALLAN SEEKFORD , _:~0~ , IT IS ORDERED AND __, PLA[ NTI FF, , 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; Property Settlement Agreement dated Aprll 22, 2004 is incorporated into this Order BY THE/~OURT: / U PROTHONOTARY FILED.-O~IOF- OF 'fH= PRO*fH. ONOTA,Y