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HomeMy WebLinkAbout05-3660 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MONICA A. LAUVER Plaintiff 'G &D CuJ-r;....-... No, 0,')-- '" v. CHRISTOPHER DAVID LAUVER Defendant NOTICE TO DEFENDANT 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 reliefrequested 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 Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, 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 CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9 I 08 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MONICA A. LAUVER Plaintiff /7 " d -r.:..- No. d5- 3 {,& 0 L..W<A v. CHRISTOPHER DAVID LAUVER Defendant COMPLAINT UNDER SECTIONS 3301 (C) & (D) OF THE DIVORCE CODE The plaintiff, Monica A. Lauver, Pro Se alleges as follows: 1. The plaintiff is Monica A. Lauver and the defendant is Christopher David Lauver. 2. The plaintiff currently resides at 45 Honeysuckle Drive, Mechanicsburg, Cumberland County, PAl 7050. 3. The defendant currently resides at 46 Warwick Circle, Mechanicsburg, . Cumberland County, Pennsylvania 17050, 4. Both plaintiff and defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least Six (6) months prior to the filing of this Complaint. 5. The plaintiff and defendant were married in Cumberland County on May 20, 2000. 6. There have been no prior actions for divorce or for annulment between the parties. COUNT I - &3301(C) OF THE DIVORCE CODE 7. Paragraphs I through 6 are incorporated herein by reference as if set forth in full. 8. The marriage is irretrievably broken. 9. Plaintiff will file her g3301(c) affidavit at the appropriate time. COUNT 2 - 3301 (D) OF THE DIVORCE CODE 10. Paragraphs I through 9 are incorporated herein by reference as if set forth in full. I I. The marriage is irretrievably broken. 12. The plaintiff and defendant have lived separate and apart for a period of at least two (2) years, 13. The plaintiff will file her g3301(d) affidavit at the appropriate time. 14. The plaintiff has been advised of the availability of counseling and that the plaintiff may have the right to request that the Court require the parties to participate in counseling. 15. Plaintiff requests the Court to enter a decree of divorce. I verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, 4904, relating to unsworn falsification to authorities. _____~." 52 Pro Se . - 45 Honeysuckle Drive Mechanicsburg, PAl 7055 ~ .., 0 (') g -'11 :'D e- ,en ::rJ4J L- ~ ~~; mc-.. E; ~ ~ -'7 G "\, ". , -;J ...J '; Iv u:> ::'-._1,(:> .. "'\' ...... ...t) ----";"1 "- ->:' '-::; ~'~~ (' "'J -!) ::1: u, '. ) ("- " '" is? --.( "" V .,-.. .:> <:> .- ~::o :< -.l {1' ~ POST NUPTIAL SEPARATION AND PROPERTY SETTLEMENT AGREEMENT . 1St- THIS AGREEMENT, made thlS day of December, 2005, by and between CHRISTOPHER DAVID LAUVER, also known as CHRIS D. LAUVER, hereinafter referred to as "HUSBAND", and MONICA A. LAUVER, party of the second part, hereinafter referred to as "WIFE" . WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on May 20, 2000, in Cumberland County, pennsylvania, and having separated on or about November 1, 2003; and WHEREAS, there is one child to this marriage, namely chenelle J. Lauver (D.G.B. 02/04/02); and WHEREAS, certain differences have arisen by and between HUSBAND and WIFE as a result of which they are currently separated 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 relat;ing to the ownership and equitable distribution of real and personal property; the 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 set;tling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of their marital status, particularly with respect to the relevant sections of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, as " amended, 23 P.S. 3101 et seq., and being fully aware of their right to consult with or having consulted with their respective legal counselor advisors and having had the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have corne to an agreement as to each and all of their said matters of property and relations; and NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing their hands and seals agree as follows: 1. ADVICE OF COUNSEL Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Husband and Wife acknowledge that Husband is unrepresented and that Thomas J. Rozman, Esquire, and Andrew C. Sheely, Esquire, are counsel for Wife. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreernents. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned 2 ~ or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth therein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose or deem fit. 3. INTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall annoy the other or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other. 4. WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right and his right to act as a personal representative in the estate of Wife, and Wife relinquishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, actions, causes of 3 actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against each other. 5. MARITAL AND NON-MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various marital assets and the increased value of non-marital assets and property, including the following: (A) Real Estate titled in Husband's name located at 45 Honeysuckle Drive, Mechanicsburg (Township of Silver spring), Cumberland County, Pennsylvania, with an estimated value of $182,000.00; and (B) Real Estate titled in Husband's name located at 46 warwick Court, Mechanicsburg (Township of Hampden), Cumberland County, Pennsylvania, with an. estimated value of $155,000.00; and (C) Real Estate titled in Husband's name located at 120 Second Street, Highspire, Dauphin County, pennsylvania, with an estimated value of $80,000.00; and (D) Husband's Bernstein Retirement Account with an estimated pretax value of $105,000.00; and (E) Husband's Saturn with an estimated value of $6,500.00; and (F) Husband's Dodge Dakota with an estimated value of $7,500.00; and (G) Wife's Car with an estimated value of $30,000.00, subject to an existing PSECU with an monthly payment of $440.00 and a total approximate debt of $25,000.00; and 4 (H) Miscellaneous personal propert:y, including furniture, personal items, dishes, tools, electronics jewelry, increase in value of non-marital property, equipment, coins and cash, with an estimated value of $15,000.00; and (1) (Debt) Mortgage with Well Fargo in Husband's name, account number 0017240169, with an estimated payoff of $136,500.00; and (J) (Debt) Mortgage with M & T Bank in Husband's name, account number 023000000120494, with an estimated payoff of $15,500.00; and (K) (Debt) Mortgage with First Horizon in Husband's name encumbering real estate located at 46 Warwick Court, account number 0043-644-509, with an estimated payoff of $54,600.00; and (L) (Debt) Mortgage with Mary Jane Johnson in Husband's name with an estimated payoff of $6,500.00; and Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorce Code of 1980, as amended, and relevant case law, to obtain formal valuations or appraisals of the marital residence, any and all retirement assets, and all other items of marital property. However, the parties agree that they will not undertake this expense and acknowledge that no financial disclosures are attached to this agreement as separate exhibits or schedules. The parties hereby waive any necessity for completing or attaching any financial disclosure(s). Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a fail: and equitable resolution of their marital rights, duties and obligations as provided in the Divorce Code of 1980, as amended. 6. PERSONAL PROPERTY Husband and Wife hereto mutually agree that they have effected a satisfactory division of the furnit:ure, household 5 furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. Husband and wife agree that they have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. All property in the former marital residence located at 45 Honeysuckle Drive, Mechanicsburg, pennsylvania, shall remain in possession of Wife, excepting tools in the garage, basement workout mats, treadmill, and Husband's baseball card collection and other personal i1;ems in the storage room. These items shall be removed by Husband prior to final settlement on the real estate as contemplated herein. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mOI:tgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 7. REAL ESTATE 45 Honevsuckle Drive. Mechanicsburg 46 Warwick Circle. Mechanicsburq 120 Second Street. Highspire 6 A. 45 Honeysuckle Drive, Mechanicsburq (i) Deed Transfer. Husband agrees to transfer by deed, any and all legal or equitable right, title and interest in and to the parcel of real estate with improvements thereon situate at 45 Honeysuckle Drive, Mechanicsburg, Township of Silver spring, Cun~erland County, pennsylvania, to Wife, and to sign all documents necessary to effect said transfer of any equitable or legal interest in such property to Wife within a period of twenty (20) days after execution of this Agreement. As part of such transfer, Wife agrees obtain a new loan through by refinance or otller loan in her name and/or third party in tohe approximate amount of $145,000.00 to assist with satisfying the existing first mortgage on the property through Wells Fargo as identified in paragraph 5 (I). Husband understands that his execution of a deed and compliance with the other subsections of t:his paragraph is necessary to permit Wife to comply with the terms and conditions of this Post Nuptial and Property Settlement Agreement. Husband and Wife recognize that the transfer of real estate contemplated herein will result in Wife receiving equity in the former marital residence of approximately $37,000.00 after satisfaction of the mortgages presently encumbering the real estate. (ii) Satisfaction of Existing Mortgage and Line of Credit. liens and taxes, etc. At final settlement, Husband agrees to sa.tisfy and save Wife harmless from any debt, including but not limited to a mortgage, line of credit, judgement encumbering the real estate at 45 Honeysuckle Drive, Mechanicsburg, which he may be liable, including any balance on the mortgage identified in Paragraph 5 above (I) with Wells Fargo with an approximate payoff of $136,000.00 and a line of credit M & T Bank with approximate payoff of $15,500.00 as identified in paragraph 5 (J) above. Following satisfaction of the mortgage and line of credit at settlement, Wife agrees that she will fully assume responsibility 7 for obligation including, but not limited to, real estate taxes, sewer and water assessments, fire and casualty insurance, and utilities. (iii) Additional Repairs Within a period of sixty (60) from the date of execution of this Agreement, Husband agrees to install a shower stall, sink and vanity with all associated plumbing and related fixtures to a finished state in the first floor laundry room at property located at 45 Honeysuckle Drive, Mechanicsburg, Township of Silver Spring, Cumberland county, pennsylvania. In association with this Agreement, the parties agree that Husband shall pay wife, as liquidated damages, an amount of two thousand dollars ($2,000.00) if husband fails to comply with this provision. (iv) closing costs At settlement as contemplated herein, Husband shall contribute a maximum amount of $2,143.00 towards wife's closing costs, said amount to be reflected on the settlement sheet associated with the deed transfer and settlement. (V) Ca?ital Gains Tax Husband and Wife further agree that Wife shall assume any and all liability for any capital gains taxes which may be assessed hereafter as the result of a sale of 45 Honeysuckle Drive, Mechanicsburg, Township of Silver Spring, cumberland county, Pennsylvania, by qualifying for an exemption or by paying any taxes due, if applicable. B. 46 Warwick Circle. Mechanicsburg (i) If applicable, Wife agrees to transfer by deed, any and all legal or equitable right, title and interest in and to the parcel of real estate with improvements thereon situate at 46 Warwick Circle, Mechanicsburg, Cumberland county, pennsylvania, to Husband, and to sign all documents necessary to effect said transfer any equitable or legal interest in such property to Husband on or after the signing of this Agreement. Wife hereby waives any and all interest in said real estate. (ii) Husband further agrees to satisfy and save Wife harmless from debts identified in paragraph 5 (k) and 5(1) above, 8 and any other obligation which she may be liable as a result of any debt encumbering the real estate located at 46 Warwick Circle, Mechanicsburg, as recorded in the Cumberland county Recorder of Deeds Office, or any successor thereto, as well as any other encumbrances presently constituting a lien against the real estate. Husband agrees that he will continue to make the mortgage payments or satisfy such debt, and will inde~lify wife on account of any obligation she may have on account of the mortgage, as well as any other obligation concerning the ownership of the real estate including, but not being limited to, municipal liens, real estate taxes, sewer and water assessments, fire and casualty insurance, and utilities. (iii) Husband and Wife further agree that Husband shall assume any and all liability for any capital qains taxes which may be assessed hereafter as the result of a sale of 46 Warwick Circle, Mechanicsburg, pennsylvania, by qualifying for an exemption or by paying any taxes due, if applicable. (C) 120 Second Street, Highsoire, Dauvhin county, pennsylvania (i) If applicable, Wife agrees to transfer by deed, any and all legal or equitable right, title and interest in and to the parcel of real estate with improvements thereon situate at 120 Second Street, Highspire, Dauphin county, pennsylvania, to Husband, and to sign all documents necessary too effect said transfer any equitable or legal interest in such property to Husband on or after the signing of this Agreement. Wife hereby waives any and all interest in said real estat:e. (ii) Husband further agrees to satisfy and save Wife harmless from any obligation which she may be liable as a result of the mortgage encumbering the real estate located at 120 Second Street, Highspire, Dauphin County recorded in the Dauphin County Recorder of Deeds Office, or any successor thereto, as well as any other encumbrances presently constituting a lien against the real estate, said mortgages and encumbrances being recorded in the 9 Dauphin County Recorder of Deeds Office. Husband agrees that he will continue to make the mortgage payments or satisfy such debt, and will indemnify wife on account of any obligation she may have on account of the mortgage, as well as any ot:her obligation concerning the ownership of the real estate i.ncluding, but not being limited to, municipal liens, real estat.e taxes, sewer and water assessments, fire and casualty insurance, and utilities. (iii) Husband and wife further agree that Husband shall assume any and all liability for any capital gains taxes which may be assessed hereafter as the result of a sale of 120 Second Street, Highspire, Dauphin County, by qualifying for an exemption or by paying any taxes due, if applicable. 8. DISTRIBUTION OF RETIREMENT ACCOUNTS Husband and Wife agree that Husband shall be entitled to any and all retirement benefits titled in Husband's name, including the Bernstein 401(k) retirement account identified in paragraph 5 (I) above. Husband and Wife agree that Wife shall be entitled to any and all retirement accounts titled in her name. 9. LUMP SUM PAYMENT Husband and Wife agree that Husband shall pay Wife a 1urr~ sum amount of Nine hundred eight seven dollars and ninety- three cents ($987.93) in cash or check within ten (10) days after the execution of this property settlement agreement. 10. 2004 FEDERAL AND STATE TAX OBLIGATIONS Husband and Wife acknowledge that they shall file a separate return for 2005 and each year thereafter. 11. MOTOR VEHICLES (A) 2001 BMW X5. Husband and Wife agree that Wife shall be entitled to have the sole and exclusive control, benefit, use and title of the 2001 BMW X5 or the proceeds thereof, if any. Further, Wife agrees that she shall hold Husband harmless from any 10 liability associated with debt encumbering the 2001 BMW X5, including but not limited to paying all lease or purchase monthly payments and Wife shall hold Husband harmless from the current loan encumbering the title to the 2001 BMW X5 in the amount of $25,500.00 as identified in paragraph 5(G). (B) Saturn and Dodge Dakota. Husband and wife agree that Husband shall be entitled to have the sole and exclusive control, benefit, use and title of the Saturn and the Dodge Dakota or the proceeds thereof, and that he shall hold Wife harmless from any liability associated with such motor vehicle. (C) Titles of the motor vehicles described above shall be transferred to the party receiving the motor vehicle within thirty (30) days after execution of this Agreement or satisfaction of any lien encumbering a title, if applicabl<e. Husband and Wife agree to mutually cooperate with transferring such titles when applicable. 12. MISCELLANEOUS (A) Checkinq/Savings Accounts The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit, owned by them jointly or singly, have been divided to their mutual and individual satisfaction. (B) Life Insurance Policies The parties hereto acknowledge and agree that any and all life insurance policies o'vmed by them jointly or singly have been divided to their mutual and individual satisfaction. Each party hereto acknowledges that they have in their sole possession those policy or policies of Ute insurance which they intend to keep and retain as their sole and exclusive property and, further, each party shall have the right to designate the beneficiaries of said policies without interference from the other party. The parties further acknowledge that all life insurance policies owned or paid by them are term policies and have no cash values. (C) Intent of Division The division ot existing marital 11 property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. (D) Additional debts Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed ln this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her prope:rty harmless from any and all such debts, obligations and liabilities. 13. SPOUSAL SUPPORT Husband and Wife acknowledge that Husband is presently obligated to pay Wife spousal support in the approximate amount of $987.93 per month pursuant to a Cumberland County Domestic Relations Order. upon execution of this Agreelnent, wife agrees that she shall contact Cumberland County Domestic Relations and request immediate termination of the spousal support award entered by the Cumberland County Domestic Relations Office, said termination subject to any existing arrear ages which shall remain due and payable. After payment of any and all spousal support arrearages, Husband and Wife agree that Husband's spousal support payment shall forever terminate. 14. ALIMONY, SUPPORT AND MAINTENANCE Both parties acknowledge and agree .that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of 12 any claims or demands that either may now or hereafter have against the other for spousal support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony pendente lite, alimony and maintenance and, further, waive and relinquish any rights to division of property, other than provided in this Agreement and, finally, waive any rights to alimony pendente lite, counsel fees and court costs. Husband and Wife are aware of each other'S incomes and that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code, as amended, in pennsylvania, wherein considerations are set forth in determining an appropriate amount, if any, to be paid in the form of alimony. After being fully advised of the contents of the Divorce Code, as amended, both parties voluntarily and intelligently forever waive and relinquish any right to seek from the other payment for spousal support, alimony pendente lite, alimony and maintenance. 15. HEALTH INSURANCE Husband and Wife acknowledge that both parties shall assume full responsibility for his or her health insurance without further claim of the other party upon the entry of a final decree in divorce. However, nothing herein shall prevent Husband or Wife from seeking health insurance through COBRA, to the extent such is currently available through the parties employers. 16. SUPPORT FOR CHILD The parties hereto acknowledge that all issues concerning the support of the minor children a.re presently resolved through a pending domestic relations order maintained by .tlw Cumberland County Domestic Relations Office in the amount of approximately $1,192.71 per month. It is the specific intent of tile parties that this Agreement shall not impair the present award of child support and Husband and Wife acknowledge that any future 13 award of child support will be governed by the applicable support guidelines and case law. 17. CUSTODY Husband and Wife agree and acknowledge as follows: (A) Mother and Father shall have shared legal custody of the children, meaning that both parents shall make joint decisions concerning the child's education, serious medical decisions affecting the child and religious instruction; and (B) Mother shall have primary physical custody of the child; and (C) Mother and Father agree that Father shall have periods of partial physical custody other times as the parties may agree. , , ~ : 18 . MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony and furthel: distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code, as amended. Subject to the provisions of this Agreement, each party has l:eleased and discharged and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands wtlatsoever in law or equity, whieh either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or except in any or all causes of action for ('reach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to Sect:ion 3302 of the Divorce Code. 19. SUBSEQUENT DIVORCE A decree in divorce entered by a court of competent 14 jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be and is/are not contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Divorce Code, as amended, to terminate their marriage by mutual consent, without counselling. Further, both parties agree to execute appropriate all forms necessary to conclude the divorce on or before the execution of this agreement, and acknowledge that said consents and waivers will be filed after the real estate settlement as contemplated herein. 20. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent 15 jurisdiction pursuant to Section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a "~iver by either party of any rights to seek the relief of any court: for the purpose of enforcing the provisions of this Agreement. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by t.heir respective counsel, and each party acknowledges that the: Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 22. ADDITIONAL INSTRUMENTS Husband and Wife shall from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the conditions of this Agreement. 23. MODIFICATION AND WAIVER Any 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 oj: either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this .~greement. 16 24 . BREACH If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief as may be available to him or her. Both parties agree and are aware that noncompliance with any provision of this Agreement permits either party to pursue appropriate legal remedies, including sanctions as set forth in 23 Pa. C.S.A. S3105. Each party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costs and legal expenses and expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall or shall bi9 obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way whatsoever, provided that the party who seeks to recover such attorneys' fees, costs and legal expenses and expenses must first be successful in whole or in part, before the:re would be any liability for attorneys' fees, costs, legal expenses and expenses. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by the other party in endeavoring to protect and enforce his or her rights under this Agreement. All remedies provided by law and all remedies provided lor in this Agreement for enforcement of the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party u\ay elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. 17 25. ATTORNEY FEES AND COSTS Husband and Wife shall each assume their respective counsel fees as part of the divorce action commenced in the case. 26. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any effect whatsoever in determining the rights or obligations of the parties. 27. INDEPENDENT SEPARATE COVENANTS It is specifically understood and a.greed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 28. APPLICABLE LAW This Agreement shall be construed under the laws of the COlrunonwealth of pennsylvania. For contract interpretation parties, this Agreement was prepared jointly by both parties. It is the parties intent that the standard set forth by the Pennsylvania Supreme Court in Simeone v. Simeone, 522 Pa. 392, 581 A.2d 162 (1990) shall apply to the validity and enforceability of this Agreement. 29. VOID CLAUSES If any term, conditions, clause or provision of this Nji:eement shall be determined or declared to be void or invalid in laH 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, eltect and operation. 30. BINDING AGREEMENT This Agreement shall be binding and shall extend to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 18 BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: _~~weJ{\Q '7 (SEAL) e~jJ~o e . Lauver, a/k/a c~ D. auv7 / //.., iJ ti5;~ (SEAL) '---Chr is D. uver ~ ~(SEAL) ,~~-....-.-=<--n-~~G~-- f' , 19 n (- ~, "-~ c~:'I ,.~.,<-\ c::J r-\ n !') o i. ~'~ o --n ::;\ p,-:Jl '-^ :~\/" ; ~"J (i.'i :~.~~\-n .'n :<. ':,") ,- Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) MONICA A. LAUVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER DAVID LAUVER, Defendant 05 - 3660 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 19, 2005. 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 true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: f.;2 ~o i - o,$"- -' ~ ~ ... rt"~, ::..~ ; :~~I- ~s -.. 0 l'-' 0 c:::> ,- <..::':'1 -n " r:.r' ~. ~ 0 -..... --r: P", h"l :TI c, f:~ r'-' --r;/'_' :~hC) CJ -, , ~;-j\? :?: '~ -',1 -'.~ ' c-}(") -.~ tS }--rn \:::,~ .> .',"'< 0 --< Andrew C. sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) MONICA A. LAUVER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER DAVID LAUVER, Defendant 05 - 3660 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 19, 2005. I accepted the acceptance of service form on August 3, 2005. 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 true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. ~ DATE: Id' /r/.)j- I / L~uver (") ~.:; .-.> C"::'l <..:.:'1 <::/1 CJ i'l C) \'.) o ~ o -n .-l :J:...,...\ -1'1"1 r~~~ ;n \~? ~~:.:,C) .:\) :~~ -- ,() , :ri1 S~ ~~ (2 s:- o Andrew C. Sheely, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) MONICA A. LAUVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER DAVID LAUVER, Defendant 05 - 3660 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 (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 decree 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.A. Section 4904 DATE: /~1/) S- . thorities. relating to unsworn falsification Lauver o ,'; ....., /:'"';;:'1 "~'-.J ~'"1 ~7A .:-;; 1'.) o -:-:-0 ::::: (;~) c:) Andrew c. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 FA 1D NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) MONICA A. LAUVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER DAVID LAUVER, Defendant 05 - 3660 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 eC) 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 decree 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: l.J. - 0' - o-S- ~..-:-:--. ./-:.~... .' ~..,~ ~--- ~ni.:_ u. ...__ ~ ~ C) c~ ,';;' "'" j:~ ~:;; o -n -l :::11 ri1-::;. --f'1 -:-;C) >.:., L ;:-:~ ~1.~ :)25 ;-)rn >..0( sS -< C Pi C') ,,~ o ~7:; (=:J x- o MONICA A. LAUVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER DAVID LAUVER, Defendant 05 - 3660 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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) of the Pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: Acceptance of Service by counsel filed 3. Complete either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the pennsylvania Divorce Code: by Plaintiff on December 1, 2005 and by Defendant on December 1, 2005. (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: Not applicable: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Not applicable. 4. Related claims pending: agreement dated December 1, 2005 is the Decree in Divorce. The marital settlement incorporated but not merged in 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not applicable (b) Date Plaintiff's Waiver of Notice in Section 3301 (C) was filed with the Prothonotary. December~. 2005. Divorce Date Defendant's Waiver of Notice in Section 3301 (C) was filed with the prothonota~:;:Jmbe~. 2005. Andrew C. ~ y~re Attorney for Plaintiff ~~) ,...' C,;) r::1 CJ' o ;-~" I Ii,-') r0 D o -n ---I frip "OC\i -~J l:J '-:~(\ ;,"-';i=fj /1,:-) (,') I\"\ '.::'{ :1j ,-< "7'1 -,~. ~? ,-- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MONICA A. LAUVER Plaintiff No. 05 - 3660 Civil Term v. CHRISTOPHER DAVID LAUVER Defendant ACCEPTANCE OF SERVICE 3 rdAv.<jr.rf ~Db. And now this _ day o~, 2005;T,C:hristopher David Lauver accept service of the Divorce Complaint in the above captioned matte. rD . :...- ver ,..., -= """ U" o In c-> N "" :s -::.0. ~ Q, ...... ~:D \ C. ~r")\-~ ~U~l"'" c~(':) ":~ ::~-i ':1 (-, --.___ ,~c" -::3:'" r. "" -..-, ....... ~ ,.,'1: 'f.'f. 'f.:f. . . . . . . . . . . . . . . 'f. ,., :f.:f'f.:f.'f.:f.:f'f. 'f.'t;";:+;'f.";:+;'f.:t' :f:f.'f.'f. 'f. :Ie:f.:+ '+' :Ie+ . . . . . . 'f. 'f. :f.:f.:+.;t; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . . . MONICA A. LAUVER, PENNA. STATE OF 05 3660 PLAINTIFF NO. . . . VERSUS CHRISTOPHER DAVID LAUVER, CIVIL ACTION - LAW IN DIVORCE . . . . . DEFENDANT . . . . . . . . . . . . . . . DECREE IN DIVORCE AND NOW~~ z:..1 MONICA A.LAUVER 2005 , IT IS ORDERED AND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DECREED THAT , PLAINTIFF, CHRISTOPHER DA VID LA UVER AND , 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: W~ The Post Nuptial Separation and Property Settlement Agreement dated December 1,2005 is incorporated but not merged in this Decree in Di vorce. /~ ./' ..~ .// ~ / , By THE ATTEST: J. . '+' 'f 'f. + '+' :+; '+' '+' 'f + 'f. 'f. + +:f.+ 'f. 'f. 'f.'f.'+''f+'f.++'f. ... . +'f. + :t''f.+' + +.+++.:t:++.'+' +.:t:+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WQ o-r J'Y)l~W 7'?1f<'\V k!.r~~/J /..1 ttj Ot ~7'~ f-dO? Y'3.I!}Jf"3V ~Q I dJ./' .. . .