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HomeMy WebLinkAbout05-3910 JOAN D. KIRBY, Plaintiff v. . : NO. OS" - 39/0 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA CuiL~~ RICHARD W. KIRBY, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the 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, Carlisle, PA. 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 LA WYERATONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 par abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y par cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 JOAN D. KIRBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. OS- - ]"'110 (]u~l~~ RICHARD W. KIRBY, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 330Hd) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Joan D. Kirby, by and through her attorney, Marianne E. Rudebusch, Esquire, and seeks to obtain a decree in divorce from the above- named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Joan D. Kirby, is an adult individual who resides at 5445 Barbara Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Richard W. Kirby, is an adult individual who resides at 5445 Barbara Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 11/3/01. 5. Plaintiff avers that there is one minor child to the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on 7/13/05. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and Defendant. Respectfully Submitted, c). . _lC\i\.~vv~U2. (. . ~Qt.l L,o)-'.-C-, (L_ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 (717) 657-0632 Id. No. 63522 Dated: 7/d8.o; JOAN D. KIRBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. RICHARD W. KIRBY, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing 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 authorities. By: Jo Date: ~16/rJS iV (:) ~ 7'. - \i:- t\- ..0 \) - .c ~ t;'" C) --' 0 c:'.:J B Ii"- (5 C~-) ." U' ..0 -J o'b ::;:l '-~. :0 ~ F- '.) I." r-' _,-,["7"1 I C~1 - ) ~ - ,', ~ -"., r-; - . iT! -J:- r"-) f'-..J :',) 10..0 .< - JOAN D. KIRBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3910 RICHARD W. KIRBY, Defendant : CML ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 8/1/05. 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 ofIntention 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 authorities. Jo Date: -, -n g C.. ':'~1 C') r_~-; (i} {.:.) Q'I JOAN D. KIRBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3910 RICHARD W. KIRBY, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301{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! 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 veritY 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: r IDctlap Jo ~~ ~. ,-~) rn -.-. .-\ -" .-;_.~ r-- .. C::' -- r'-" ~.' c;? o 0-' JOAN D. KIRBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3910 RICHARD W. KIRBY, Defendant : CML ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 8/1/05. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe 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 authorities. Date:Jr 't-u'r e-.:> ,..::;;;> ..~) ,':J"' --T1 () -n --, --~ ,. \,'t G-::J o -:-) C') C:J G'l JOAN D. KIRBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3910 RICHARD W. KIRBY, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301(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 in 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. '\ -...J u{, Date: 1- - \- h> C~'J () --1/ '..'''' -', ;-:''''j G.) c (A'l :i"') - '('n ~~:~ ~.o ..< CJ c/. MARRIAGE SETTLEMENT AGREEMENr THIS AGREEMENT is made and entered into between RICHARD W. KIRBY and JOAN D. KIRBY, hereinafter referred to as Husband and Wife. The parties were married on 11/3/01 and there is one child born of their marriage, to wit, Charley Jane Kirby, born 6/3/03. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as ifhe or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either ofthe parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was represented by Marianne E. Rudebusch, Esquire in reaching this Agreement, and Husband represents that he was not represented by counsel, even though he was advised to do so, in reaching this Agreement. Wife represents that the terms of this Agreement have been fully explained to her by her counsel. 2 5. EOUlT ABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this 3 Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modifY the financial terms ofthis Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 7. DIVISION OF PERSONAL PROPERn: 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 property of the other. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband: 1995 BMW 525 VIN #WBAHD6325SGK82344 Wife: 2001 Audi Wagon A6 VIN #W AULH64B21N098048 Subject to loan with Member's First The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party, prior to the entry of a Decree in Divorce. 5 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to hislher separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or 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. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real property located at 5445 Barbara Drive, Mechanicsburg, Pennsylvania, as tenants by the entireties. The parties acknowledge that the property had been sold. The parties acknowledge that there is an existing mortgage against this property held by Chase Manhattan in the approximate amount of 220,000.00. Such mortgage, as well as the following debts, shall be satisfied in full at the time of the settlement on the marital residence at 5445 Barbara Drive, Mechanicsburg, P A: Wachovia Acct. No. 4264298464422487 $ 10,000.00 Member's First Acct. No. 4287590000199683 $ 9,000.00 Exxon Credit Card approximately $ 500.00 6 Husband shall receive $9,000.00 after the above debts have been satisfied and the remaining funds shall be divided equally by the parties. 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - All debts in her name alone. Subject to the provisions in Paragraph 10. Division of Real Propertv B. HUSBAND - All debts in his name alone. Subject to the provisions in Paragraph 10. Division of Real PropertY 12. LEGAL FEES Each party shall pay his or her own attorneys fees. 13. ALIMONY 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 settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, 7 waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. 14. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment by Liberty Forge and any other additional benefits he may have accrued, with the exception of the transfer to her of $9,000.00 of his 401(k). Such transfer shall be done under the terms of a Qualified Domestic Relations Order (QDRO) prepared by Wife's attorney. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment by TQ3 Navigant and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each parties' marital claim. 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, 8 that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. 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 indemnity and hold harmless 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 determined 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. 16. CHILDREN A. CUSTODY AND VISITATION - The parties shall share legal and physical custody of the child born ofthis marriage. The child shall reside with each parent on a week on/week off basis beginning and ending on Sundays at 7:00 p.m. 1. Mother shall have the child on Mother's Day and Father shall have the child on Father's Day. 9 2. Each party shall have the child for two (2) consecutive weeks vacation each summer. The parties agree to provide each other with thirty (30) days written notice of their intention to exercise this provision. 3. The holidays of MemorialDay, July 4th, Labor Day, Thanksgiving and Christmas shall be shared as per the agreement of the parties. B. MAKE- UP TIME - The parties recognize that there may be circumstances from time to time which may prevent the exercise of custody at the agreed dates and times. To that end, the parties agree that each will give timely and reasonable notice to the other of the existence of such circumstances and will permit the other a reasonable period in which to enjoy time with the child to make-up for these lost periods. C. ILLNESS OF CHILD - In the event of any serious illness ofthe child at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the said child. The word "illness as used herein shall mean any disability which confines the child to bed under the direction of a licensed physician for a period in excess of forty-eight (48) hours. D. BEST INTEREST OF CHILD - The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall 10 do anything which may estrange the child from the other party, or injure the child's opinion as to his mother or father, or which may hamper the free and natural development of the child's love and respect for the other party. 17. CHILD SUPPORT Wife shall be entitled to claim the child on her 2005 tax returns and for all future years. Husband agrees to execute any and all documents necessary for these dependency deductions. Beginning in October of 2005 and for 12 months thereafter, Husband shall pay all daycare expenses while the child is with him, plus he shall pay $100.00 per month toward's Wife's daycare expenses for the child. Following these 12 months, Husband shall pay all day care expenses when the child is in his care and Wife shall pay all daycare expenses when the child is in her care. Wife agrees to provide health insurance for the child for so long as it is available to her at no or minimal cost by her employer. If said insurance becomes unavailable to Wife and Husband entitlement to insurance which can be provided to him at no or minimal cost, said insurance will be furnished by Husband. In the event that neither Husband nor Wife have insurance furnished to them by their employer, at no or minimal cost, then the cost of insurance shall be borne such that fifty percent (50%) shall be allocated to Husband and fifty percent (50%) shall be allocated to 11 Wife. Extraordinary Medical Expenses - All extraordinary medical expenses (those not covered by insurance) shall be split equally by Husband and Wife. Husband agrees to reimburse these expenses to Wife on a quarterly basis upon Wife supplying to Husband proof of said expenses. 18. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGA nONS - 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. B. WARRANTY AS TO FUTURE OBLIGA nONS - Wife and Husband each covenant, warrant, represent and 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 ofthem shall hereafter incur any 12 liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - 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. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfac.tion of the conditions precedent, shall in no way void or alter the remaining obligations ofthe parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. 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. F . WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 13 G. MUTUAL COOPERA nON - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LA W GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT -Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part ofthis Agreement nor shall they affect its meaning, construction, or effect. 14 L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. M. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate ofthe other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy. right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. N. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. 15 IN WITNESS WHEREOF, and intending to be bound hereby, the parties have ~,t.,;. signed and sealed this Agreement on the .A '~ay of ...f:)~:~t.lr. f')", 2005, at Harrisburg, Pennsylvania. In the presence of: , }J/(JV wITNESS Sve po..rro'l/ ... 'It t.. tA., ~ ')~" ~ RICHARD'W. KIRBY (SEAL) ~",LM-<7~J-9 )5MLki~~ WITNES flfL (SEAL) 16 - - J r JOAN D. KIRBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-3910 RICHARD W. KIRBY, Defendant : CIVIL ACTION - LAW : IN DIVORCE 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 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: August 10. 2005. Certified! 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, 1/26/06 ; by Defendant, 2/4/06 (b)(l) 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 affidavit upon the respondent: N/A. 4. Related claims pending: All claims were resolved by Marriage Settlement Agreement dated 9/26/05 5. Complete either (a) or (b). (a) Date and manner of service of the Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 2/1 0/06 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 2/1 0/06 By: " , ( GL1G;1 (I)" ,~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 (717) 657-0632 Id. No. 63522 Attorney for Plaintiff -) . ~CU kL~ Dated: d-!J 'Ow () . Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 717-657-0632 rd. No. 63522 Attorney for Plaintiff JOAN D. KIRBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-3910 RICHARD W. KIRBY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE Marianne E. Rudebusch, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 10th day of August, 2005, she did serve upon, Richard w. Kirby, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending a copy by First Class Mail, certified/restricted delivery, postage pre-paid, to the Defendant. The "Green Card" is attached to this Affidavit of Service. Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from the date of service or the matter would proceed without him. Sworn to and subscribed before me thjs ~~ day ofJ(V\~ ,2006. d:itv~ Notary Public NOTARIAL SEAL KATHERINE A. FREY, NOTARY PUBLIC lOWER PAXI0N lWP, DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 2 2006 By: \ \ W1.Cl"VVvJ2 i2w k ct Marianne E. Rudebusch, Esquire 471 I Locust Lane Harrisburg, PAl 7 109 (717) 657-0632 Id. No. 63522 . . . Complete Items 1, 2. and 3. Also complete ~em 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front If space permits. 1. Ar1Icle Addressed to: Richard W. Kirby 5445 Barbara Drive Mechanicsburg, PA 17050 2. Artlcte Number (7hmsfer 110m , PS Fonn 3811, February 2004 . o Agent OAddlessee C. Date of Delivery DYes ONo '. [J Express Mall o Return R_ptlor M_loe o Insured Mall 0 C.O.D. 4. Restricted Delivery? (EdJa Fee) 7004 1350 0000 0391 1840 102595-02*1640 DomestIc Return Receipt , , , , , ~~~~~~ ~~~~ ~~ ~~~~~~~~+.+.+.~+.~+. +.+.+.+.+.+.+.+. +.+.+.+.+.+.+++.++ ++++++++++++++++++++++.~ , , , . . . . . . , . . . IN THE COURT OF COMMON PLEAS , . . . . . . . . . , . OF CUMBERLAND COUNTY PENNA. STATE OF JOAN D. KIRBY . . . , , . , No. 05-3910 Plaintiff VERSUS , . . . , . , . . RICHARD W. KIRBY, Defendant DECREE IN , . , . , . , . , . . , . DIVORCE ~J J 9-15A.tM . Ir- , 2006 ,IT IS ORDERED AND AND NOW, . . . . DECREED THAT Joan D. Kirby , PLAINTIFF, , , , . . . , , , . . . . , , . , , , , . . , , . . . , . . . . . , AND R;rh;:lrn w~ Kirhy . 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 attached Marriage Settlement agreement dated 9/26/05 is hereby incorporated but not merqedinto this Decree. . . . . . . . . . . . . . . . . . . . . . . . . +'++'1'+.+++.+.+",+ ~ ATTEST: I.f . ~ y~~ - ROTHONOTARY ++++ ++ +++++++++++++++++++++++++++++++ , . . . . , , , , , . . . . . . . . . , . , . . . . . . . . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . "\ q, I J. . ~ --f rJ7># cr~rL, "j!:;>. JI l.. /r=yr:;y ~? .~,Afr~ ~) j:7Cp "70.5/, t .