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HomeMy WebLinkAbout05-5085 PATRICIA J. DUKE, aka P. JEANNE DUKE, Plaintiff VS. LEE E. DUKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: OS- - SOPS C,'()~L~f/L~ CIVIL ACTION - LA W IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS NOTICE 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 Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 AVISO US TED HA smo DEMANDADO EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fllo por qualquier suma de dinero reclamada en la demanda 0 qualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero or propiedad u otros derechos importantes para usted. USTED EBE LLEV AR ESTE DOCUMENTO A SU ABODAGO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME 0 VA Y A A LA SIGUlENTE OFICINA PARA A VERlGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Stephen L. Grose, Esquire Attorney [D. No. 31006 Keefer Wood Allen & Rahal, LLP 415 Fallowfield Road, Suite 301 Camp Hill. PA 17011 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: sgrose@keeferwood.com Attorneys for Plaintiff PATRICIA J. DUKE, aka P. JEANNE DUKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.: 05 - SDJ<S (}{~L-( c,-0L~ Plaintiff LEE E. DUKE, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Patricia J. Duke, who currently resides at 16 Stillmeadows Lane, Eno1a, Cumberland County, Pennsylvania, and has resided there since 1979. 2. Defendant is Lee E. Duke, who currently resides at 16 Stillmeadows Lane, Enola, Cumberland County, Pennsylvania, and has resided there since 1979. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on January 14, 1967, at Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: September .11 , 2005 By ~A~ v S PHEN L. GROSE Attorney LD. # 31006 415 Fallowfield Road, Suite 301 Camp Hill, P A 17011 (717) 612-5802 2 VERIFICATION I, Patricia J. Duke, the undersigned, acknowledge that: 1. I am an adult individual and the plaintiff herein; 2. The averments set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief; and 3. I am aware that false statements herein are made subject to the penalties of 18 Pa. c.s. S 4904, relating to unsworn falsification to authorities. I'~~:.,~. ~hk/ Patricia J. Duke D "'f4 --- P 7) ....C) 1f- t \) @ ~ U(, - () ~ f" ~ c: v - r ~ -4::. -:0 b t-- ---L... (-) s; r-..;) ~6 'c..n en S':l~ o -Tl -4 -r:-n fn;"" '--' l' , C' \ CJ "'f", -n ~") ':-- ~j-, ., c:? ',:::~ :i-;! c...1 -<.... C) f"'",..) 'co -c Q - PATRICIA J. DUKE, aka P. JEANNE DUKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO.: 05-5085 LEE E. DUKE, Defendant CNIL ACTION - LAW IN DNORCE ACCEPTANCE OF SERVICE I, Lee E. Duke, the defendant in the above matter hereby accept service of the Divorce Complaint. .~~ LEE E. DUKE Date: September 29, 2005 r0 C) /::.::;:) r_r" Cl ~=?: I ..~" o -0 -1 L-r'. 01[--" ""~l\.n - 'T" l..D C0 Stephen L. Grose, Esquire Attorney J.D. No. 31006 Keefer Wood Allen & Rahal, LLP 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: sgrose@keeferwood.com Attorneys for Plaintiff PATRICIA J. DUKE, aka P. JEANNE DUKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO.; 05-5085 LEE E. DUKE, Defendant CIVIL ACTION ~ LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsifications to authorities. DATE; January~, 2006 o <;:" -Jot", n-".~";" -'."j-'" /..." u~. .-' e::? c.:,) 0.... <- :<'" ...,.,' -- '-'" CO r:: , ,,,,,~ ' ~\~-; /' ~.~.. ...{ () -11 -\ ?j;::D , ,.-- >Y" -:V)\CJ \~;~? ',' ~'-'. , ~33~~ '':.':\ "'t'... <~ -tJ -;;f,;"- - f';-? r"':' Stephen 1. Grose, Esquire Attorney J.D. No. 31006 Keefer Wood Allen & Rahal, LLP 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: sgrose@keeferwood.com Attorneys for Plaintiff PATRICIA J. DUKE, aka P. JEANNE DUKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO.: 05-5085 LEE E. DUKE, Defendant CIVIL ACTION ~ LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifications to authorities. DATE; January~', 2006 ') ~ 'j;..V'...../'~-. ,\I , f"-Y->'J>.----- ------- Defendant, Lee E. Duke " C- :<::~, -Q\,'},. 0Jr, :;;:,0.' (/: ._, ""'-"1 ~~: ' ,--> c? t3~ <.- "'" :;<:: '-" o y -v :;>: ~ C") .., -, ~~ _'Cl'l'fl -,.0 ':"~'IG; _ .",' .,t l..;- -',", ;;:::":1 '>',-, " ;:7-1 ~ c''b '.<; ",. OS" - soPS (} ,I '-r: \.-!Utl.. I n~ PROPERTY SETTLEMENT AGREEMENT This Property Settlement Agreement ("Agreement") is made this .f<~ ~y of , 2006, between PATRICIA JEANNE DUKE ("Wife"), currently ding at 16 llmeadows Lane, Enola, Pennsylvania 17025, and LEE E. DUKE ("Husband"), c rrently residing at 1504 Weatherstone Drive, Paoli, Pennsylvania 19301 (hereinafter collectively referred to as the "Parties"). ARTICLE I. RECITALS Consideration 1.0 I. The consideration for this Agreement is the mutual benefit to be obtained by both Parties and the mutual covenants and agreements of the Parties to each other, and is entered into with the intent to be legally bound hereby. Agreement Voluntary and Clearly Understood 1.02. Each Party to this Agreement acknowledges and declares that he or she, respectively; 1. Is, or has had the opportunity to be, represented by counsel of his or her own choosing. 2. Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the Parties. 3. Enters into this Agreernent voluntarily after receiving the advice of counsel. 4. Has given careful and mature thought to the making of this Agreement. 5. Has carefully read each provision of this Agreement. 6. Fully and completely understands each provision of this Agreement, both as to subject matter and legal effect. Agreement Prepared Jointly by Both Parties 1.03. This Agreement has been prepared by the joint efforts of the Parties and/or their respective attorneys for each of the Parties. Agreement to be Incorporated in Divorce Decree 1.04. The terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to the Parties, but shall not be merged into such decree. The Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the Parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions hereof. Date of Marriage 1.05. The Parties were married on January 14, 1967, at Harrisburg, Pennsylvania, and ever since that date have been, and are now, husband and wife. Separation of Parties and Divorce Action 1.06. The Parties agree that the marriage is irretrievably broken, and they desire to live separate and apart. A complaint for the divorce of the Parties has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, and is now pending. ARTICLE II. PURPOSES OF AGREEMENT AND EFFECTIVE DATE Settlement of Property 2.01. It is the purpose and intent of this Agreement to settle forever and completely the interests and obligations of the Parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, 23 Pa. C.S. ~ 3501 et seq. and that is referred to in this Agreement as "marital property," as between themselves, their heirs, and assigns. The Parties have attempted to divide their marital property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing marital property is not intended by the Parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. Effective Date 2.02. This agreement shall become effective on the date submitted to the Court of Common Pleas and incorporated into the decree of divorce issued by the Court. Agreement Contingent on Divorce 2.03. If the contemplated divorce is not granted within six months from the date on which this Agreement is executed, the Agreement shall be null and void and of no further force and effect, unless agreed to by the Parties in writing signed by both. Effect of Reconciliation 2.04. If after the divorce of the Parties is final, they reconcile and resume cohabitation, regardless of whether they subsequently remarry each other, this Agreement shall remain in full force and effect. ARTICLE III. DISCLOSURES Warranty of Full Disclosure 3.01. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each Party further represents that he or she has made a full and fair disclosure to the other of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each Party further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of marital property without the prior consent of the other. No representation or 2 warranty by either Party in this Agreement or in any writing furnished pursuant to this Agreement contains any untrue statement of a material fact, or omits any material fact required to make the statement not misleading. Financial Statement 3.02. Attached as Exhibit A to this Agreement and incorporated by reference is an unaudited financial statement (Financial Statement) of the substantial marital property of the Parties as of September 11,2005. The Financial Statement was prepared by Husband, based upon information supplied by both Parties. To the best of the knowledge and belief of both Parties, the Financial Statement fairly presents the substantial assets on the date of its preparation, and discloses such marital property, and all debts, liabilities, and obligations of the Parties that are due, contingent, or that may become due, including liabilities for any taxes as of the date of the Financial Statement. Continued Validity of Financial Statement 3.03. Between the date on which the Financial Statement was prepared and the date of this Agreement, neither Party has; I. Incurred any obligations or liabilities except current liabilities incurred in the ordinary course of business. 2. Mortgaged or encumbered any marital property, tangible or intangible. 3. Canceled any debt or claim or sold or transferred any marital property, except sales out of inventory in the ordinary course of business. 4. Suffered any damage, destruction, or loss, whether or not covered by insurance, affecting marital property, business, or prospects, or waived any jointly held right of substantial value. 5. Entered into any transaction in any way related to any marital property other than in the ordinary course of business. Since the date of the Financial Statement, there has been no event or change in condition, financial or otherwise, materially affecting the value of any marital property, other than changes in the ordinary course of business. Access to Tax Returns 3.04. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of either or both Parties during marriage. Litigation 3.05. There are no actions or proceedings pending against either Party or involving any marital property at law or in equity, or before any federal, state, municipal, or other governmental body, other than the divorce proceeding. Neither Party is aware of any facts that might result in any action, suit, or proceeding against either Party or against any marital property. Neither Party is in default with respect to any order or decree of any court or of any governmental body, and no marital property is liable for the payment of any obligation by order or decree of any court or governmental body. 3 Tax Return Filings 3.06. All federal, state, and local tax returns required to be filed by the Parties have been filed, and all federal, state, and local taxes required to be paid with respect to the periods covered by the returns have been paid. Neither Party has been delinquent in the payment of any tax, assessment, or governmental charge. Neither Party has had any tax deficiency proposed or assessed against him or her, nor has executed any waiver of the statute of limitations on the assessment or collection of any tax. Title to Properties and Assets 3.07. All marital property, including without limitation that reflected in the Financial Statement and that subsequently acquired, has good and marketable title. No marital property is subject to any mortgage, encumbrance, or restriction, except as disclosed on the Financial Statement as securing specified liabilities. ARTICLE IV. DIVISION OF MARITAL PROPERTY Marital Property 4.0 I. All marital property of the Parties subject to division in this Article is set forth in the Financial Statement, which is attached as Exhibit A to this Agreement and incorporated by reference. Property to Wife 4.02. Wife shall receive from the marital property, to own and enjoy as her separate property, the following described properties, rights, and interests; I. 1999 Oldsmobile Cutlass 2. House and real estate located at 16 Stillmeadows Lane, Enola, Cumberland County, Pennsylvania 3. Certificates of Deposit located at Members I,t Federal Credit Union as follows; a. Certificate No. 40 valued at $16,747.05 on 9/11/05 b. Certificate No. 42 valued at $5,118.09 on 9/11105 4. Other Certificates of Deposit as follows; a. USAA #1 valued at $26,453.99 on 9/11/05 b. USAA #2 valued at $10,168.88 on 9/11/05 c. M&T Bank valued at $17,631.62 on 9/11/05 5. Checking account at Orrstown Bank in the amount of$6,865.41 as of 9/1 1105 Property to Husband 4.03. Husband shall receive from the marital property, to own and enjoy as his separate property, the following described properties, rights, and interests: 4 1. 2002 Oldsmobile Bravada 2. The following accounts at Members 1" Federal Credit Union a. Checking account valued at $4,461.08 on 9/11/05 b. Savings account #1 valued at $1,261.45 on 9/11/05 c. Savings account #2 valued at $2,000.00 on 9/11/05 d. Certificate of Deposit No. 41 valued at $5,108.14 on 9/11/05 e. Certificate of Deposit No. 44 valued at $5,078.54 on 9/11/05 3. The Cash Surrender Values of the Following Life Insurance Policies: a. AAFMAA valued at $24,620.20 on 9/11/05 b. ACACIA valued at $17,285.42 on 9/11/05 c. NSLI(V A) valued at $15,219.26 on 9/11/05 Distribution of Personal Property and Monthly Income 4.04. The distribution of the personal property of the Parties and their monthly income allocations are as follows: 1. The equipment and furniture located on the premises and owned by the Parties has been or will be distributed by mutual agreement by the Parties. If any items are not wanted by any of the individuals and are sold, the proceeds will be divided equally between the Parties. 2. The gross retirement pay will be distributed in the proportion of$2,526 to Wife and $5,800 to Husband. In addition, the gross social security shall be allocated $768 to Husband, all as indicated on Exhibit A, attached hereto. 3. Wife agrees to relinquish any claims against the Military Survivors Benefits Plan. Assumption of Encumbrances and Indemnity 4.05. Each Party assumes all encumbrances and liens on all ofthe property transferred to him or her pursuant to this Agreement as specified below. Property Insurance 4.06. All insurance on property transferred pursuant to this Agreement is assigned to the Party receiving the property, and payment of the insurance premiums from this date on shall be the sole responsibility of the Party to whom the insurance is assigned. ARTICLE V. SPOUSAL SUPPORT Purpose and Intent of Article 5.01. It is the mutual desire of the Parties that Husband shall make a monthly payment of $1,000 of support to Wife. This payment is to be made to Wife's account at Mernbers 1" Credit Union (Account No. 272631 DU) on or before the 5'h day of each month upon execution of this Agreement by both parties. The amount is primarily based on the duration of the marriage, the needs of Wife, and the ability of Husband to pay. The support obligation of Husband embodied in 5 this Article is not intended in any way to constitute an exchange for any rights or interests he may already possess in the marital property. The support payments provided for in this Article are intended by both spouses to qualify as "alimony" as that term is defined in Internal Revenue Code Section 7l(a), and is intended to be includable in the gross income of Wife under Internal Revenue Code Section 71(b), and deductible by Husband under Internal Revenue Code Section 215(a). The Parties further acknowledge that this Agreement is the basis of the right of Wife to receive the monthly payment for her support and maintenance. They intend this Agreement to be qualified as a separation instrument as defined in Internal Revenue Code Section 71(b)(2). Release of Further Rights to Support 5.02. Wife does hereby acknowledge that the monthly payment for her support and maintenance as herein provided is fair, just and reasonable, and with the exception of that monthly payment, does hereby expressly waive, discharge and release any and all rights which she may have had, has now, or hereafter may have by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or any other benefits resulting from the parties' status as husband and wife, and further waives, discharges and releases any right which she may hereafter have to seek modification of the terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final determination for all times of Husband's obligation to contribute to Wife's support and maintenance. Nontransferability of Obligation 5.03. The obligation to make the support payment provided for in this Agreement may not be assigned or transferred by Husband. ARTICLE VI. TAXES OF HUSBAND AND WIFE Tax Deficiencies and Refunds for Prior Years 6.0 I. It is agreed that Husband and Wife shall be equally liable for any and all deficiencies in state and federal income taxes, including penalties and interest, related to the joint income tax returns of the Parties for all years prior to 2006 (the year of the divorce decree), and shall be equally entitled to any refund due the Parties for those years. Husband and Wife shall be equally responsible for the payment of any and all costs of defending the Parties against any asserted deficiencies, or of prosecuting any refund claim. Both Parties agree to cooperate fully in filing any and all necessary pleadings and documents, including protests, petitions, refund claims, and powers of attorney. Tax Returns for Current Year 6.02. The Parties shall file ajoint return for the year 2005. Thereafter, the Parties shall file separate returns and shall be solely responsible for the payment of his or her own taxes as reflected by the tax returns. 6 ARTICLE VII. FEES AND COSTS Attorneys' Fees and Other Costs 7.01. Each Party agrees to pay his or her own attorney fees and other costs incurred in connection with the filing of a complaint for divorce and this Agreement. Neither Party shall be liable to the other for any costs or fees incurred by either in connection with the negotiation, preparation, and execution of this Agreement and in connection with any action initiated by either Party for the purpose of obtaining a decree of divorce of the Parties. ARTICLE VIII. GENERAL PROVISIONS Release of All Claims 8.0 I. Except as specifically set forth in this Agreement, each Party to this Agreement releases the other from all claims, liabilities, debts, obligations, and causes of action that have been incurred during the marriage between the Parties. General Duty to Indemnify 8.02. 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. Each Party covenants that if any claim, action, or proceeding is initiated seeking to hold the other Party liable for any debt, obligation, liability, act, or omission related to the marriage of the Parties for which that Party is responsible under the terms of this Agreement, the responsible Party will, at his or her sole expense, defend the other against the claim or action. In addition, each Party covenants that he or she will indemnify and hold harmless the other Party with respect to all damages resulting from the proceeding. Damages, as used in this Agreement, shall include any loss, cost, or other liability without limitation that results from the prosecution of any claim, action, or demand. Damages shall also include reasonable attorneys' fees and other expenses incurred in the investigation or in the attempt to avoid the litigation or in enforcing any indemnity. In addition, the damages must result from any inaccurate representation made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises, or obligations made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt written notice of any demand, claim, or litigation that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph. Credit Cards and Accounts 8.03. Except as otherwise provided herein, all existing charge accounts and credit cards in the names of Husband and Wife, or in the name of either of them under which the other may be extended credit for purchases, shall be closed or surrendered to their issuer as of the effective date of this Agreement. Right to Live Separately and Free From Interference 8.04. The Parties shall live separate and apart from each other, and neither Party shall interfere 7 with the other Party in any respect. Each Party may carry on and engage in any employment or other activity as he or she may deem desirable for his or her sole use and benefit. Neither Party shall interfere with the use, ownership, or disposition of any property now owned or subsequently acquired by the other. Acts Prior to Entry of Divorce Decree 8.05. Each Party agrees that from the date of execution of this Agreement through the date of entry of the divorce decree neither will dispose of any marital property other than in the ordinary course of business, without the written consent of the other. Neither shall enter into any transaction or perform any act that would constitute a breach of the representations, warranties, or promises contained in this Agreement. Each Party will afford to the other or their representative, reasonable access, during normal business hours, to the books and records of all marital property, and will cooperate in their examination. No examination, however, shall constitute a waiver or relinquishment by either of the right to rely on the covenants, representations, and warranties of the other as provided in this Agreement. Each agrees to hold in confidence all information so obtained, and any document or instrument obtained pursuant to this Paragraph shall be held on an express trust for and on behalf of the other. Nature and Survival of Representations and Warranties 8.06. All statements of fact contained in any document delivered by either Party to the other for information or reliance pursuant to this Agreement shall be considered representations and warranties under this Agreement. All representations and warranties of the Parties shall survive the entry of the divorce decree. Records of Marital Property 8.07. For a period of six years following the date of entry of the divorce decree, the books of account and records of all marital property pertaining to all periods during marriage and prior to the date of entry of the divorce decree shall be available for reasonable inspection by either Party or their representative for use in connection with any lawful purpose. Waiver of Rights to Other Party's Estate 8.08. Each Party waives any and all of the following rights: I. To inherit any part of the estate of the other at his or her death. 2. To receive property from the estate of the other by bequest or devise, except under a will or codicil dated subsequent to the effective date ofthis Agreement. 3. To act as a personal representative of the estate of the other on intestacy. 4. To act as an executor under the will ofthe other, unless nominated by a will or codicil dated subsequent to the effective date of this Agreement. 5. To receive, as a beneficiary, the proceeds of any life insurance paid on account of the death of the other Party. Manner of Payments and Notice 8.09. All payments and notices provided for in this Agreernenl shall be considered properly and timely made if deposited in the United States mail in an envelope bearing adequate postage and 8 addressed to the recipient at the address specified in this Agreement, or at any other address that may be designated in writing, on or before the date provided for in this Agreement. Execution of Other Documents 8.10. Each of the Parties shall on demand execute and deliver any document and do any act that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either Party fails on demand to comply with this provision, that Party shall pay to the other all attorneys' fees, costs, and other expenses reasonably incurred as a result of the failure. No Other Agreements 8.11. This Agreement supersedes any and all other agreements between the Parties, either oral or written, that relate to the rights and liabilities arising out of the marriage. This Agreement constitutes the entire agreement of the Parties. Partial Invalidity 8.12. Ifany provision ofthis Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated. Waiver of Breach 8.13. The waiver by one Party of any breach of this Agreement by the other Party shall not be deemed a waiver of any other provision of this Agreement or of any subsequent breach of the same provIsIOn. Amendment or Modification 8.14. Prior to the entry ofthe divorce decree incorporating this Agreement, this Agreement may be amended or modified only by a written instrument signed by both Parties. Once the Agreement has been incorporated into the divorce decree, it may only be amended or modified on application to the Court of Common Pleas, which retains continuing jurisdiction over the matters in the divorce decree. Successors and Assigns 8.15. This Agreement, except as it otherwise expressly provides, shall be binding on and shall inure to the benefit of the legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the Parties. Specific Performance 8.16. This Agreement may be enforced by an action for specific performance. Law Governing Agreement 8.17. This Agreement shall be governed by, and shall be construed in accordance with, the laws of the Commonwealth of Pennsylvania, except its conflicts oflaws. The Parties agree to be subject 9 to personal jurisdiction in Cumberland County for any enforcement of this Agreement. Counterpart Signatures 8.18 The Parties agree that counterpart signatures of this document shall have the same force and effect as a single original signature page. IN WITNESS OF THIS AGREEMENT, the Parties set their hands and affix their seals on the date and year written above, with the intent to be legally bound. WITNESS: " fI~c7? ~,tr,T2- 'If.:t"'t{'~",,-1ImL A-vA---CSEAL) PATRICI ANNE DUKE ~~~ , ~-k~ LEE E. DUKE (SEAL) 10 COMMONWEAL TH OF PENNSYL VANIA ~ SS. COUNTY OF On this, the ~/..,i..-day of ~r-' 2006, before me, the undersigned officer, personally appeared PATRICIA JEANNE DUKE, known to me (or satisfactorily proven) to be the person whose name is subscribed 10 the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ~u , Not u IC COMMONWEAL TH OF PENNSYLVANIA COUNTYOF l~~ On this, the d t.f day of JO.nu.cu-j , 2006, before me, the undersigned officer, personally appeared LEE E. DUKE, known to me (or satisfactorily proven) to be the person whose COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CYNTHIA J RULE, Notary Public Camp Hill Bora., Cumberland County My Commission Expires February 3, 2008 SS. name is subscribed 10 the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. COMMONWEALTH OF PIlNN \' Notarlll Sill ~:~eeyffnE'TC' 1i1fCl, NoI~1Y I'~{jii~ nn ,wp., Chlllll, Cownty My Comm'salOn S.plrll Oel. 7, Iioo~ Member, Pennsylvania A~,!iQ';:Jijij.QnorNR'4'i~~ ~[C~j J ~cxmle.en E C Re-e- 11 ~ - \~;f \r- \ I:> \ 1; tv " ':ASH j\N~ CD ASSETS I: DlJl(CS) AS OF 'i1 SF,P 2UOj OHS.STOWl') BANK (C. :=C~UNG) $6,865.L~1 ChE~1.T UiEOH: CheckinG flccount $4,l~61.08 Savings r!-I 1,261.45 2, DOC). DO $7,722.53 Savings #2 Total cash (CU) CeTtificate #40 Certlfi.catc #J+ 1 Cert-ifica te #42 $16,747.05 5,108.14 (L) 5,118.09 5,078.54 (1.) $32,051.82 Certifica t.e #44 Total CU CD's: OTHER CERTcnCATES: USAA #1 USAA #2 H&T BANK $26,453.99 10,168.88 17,631.62 $54,254.1,9 (Net) $4,036.13 689.00 2,164.80 Total other CD's: PAY AND SOCIM, SECURITY (HONTHLY): Pay - tee Social Security - Lee Pay ~ .Jeanne CASH VALUES - LIFE INSURANCE AAFI1AA ACACIA NSLI(VA) $24,620.20 17,285.42 15,219.26 $57, '121,. 88 ':.;otal: (Gross) $5,800.00 767.20 2,526.00 ... PROPOSED SETTLEMENT OF ASSETS ,'OR JEANNE & LEE DUKE JEANNE LEE t'1arket value uf house $200,000 Certificates o~ Deposit 76, '120 $10, ~8C! Cas!: value of ~if'e Insurance 57,125 ~'OTAL : $276,120 $67,31? MONTHLY INCOME: Gross retiy'ement pay TOTiIL: $2,526 $5,300 ------ 768 ',000 -1,000 $3,526 $5,568 Gross Social Secu~ity Spousal support OTHER ASSETS: Cars 1999 Cutlass 2002 Bravada Equipment and furniture - as decided by mutual agreement. ~f items are sold, proceeds will by divided evenly between parties. Jeanne agrees to relinquish any clai.11l against the Military Survivors Benefits Plan. NUTE: All values are approximate, and arc current as of l'j Sep 2005. -t) 1';-" n C- ....' C~l (;_.:.> ".-~,--,-" '- ~ (,.) c:> .) ""'0 -.".y ....;.- ~ (:'") -Tl .-\ ::I:--n rl1f-: 7r~~" .' n <) ~.'C~ ':"-:irTl '::::~\ ~ :;.;; r:~ r---' Stephen L. Grose, Esquire Attorney J.D. No. 31006 Keefer Wood Allen & Rahal, LLP 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: sgrose@keeferwood.com Attorneys for Plaintiff PATRICIA J. DUKE, aka P. JEANNE DUKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO.: LEE E. DUKE, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under S 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service signed by the defendant on September 29, 2005. 3. Date of execution of the Affidavit of Consent required by S 3301(c) of the Divorce Code (a) By plaintiff: February 6, 2006; (b) By defendant: February 4, 2006. 4. Related claims pending: None 5. Date Waiver of Notice was filed with the prothonotary; (a) Plaintiffs - January 30, 2006; (b) Defendant's - January 30, 2006. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: February '1 ,2006 By ~~ f~~ ~TEP N L. GROSE Attorney J.D. # 31006 415 Fallowfield Road, Suite 301 Camp Hill, P A 170 II (717) 612-5802 Attorney for plaintiff 2 -T1 :::\ :-n ;::;;; n \ '.D ;-:' :""') (..; Stephen L. Grose, Esquire Attorney I.D. No. 3]006 Keefer Wood Allen & Rahal, LLP 4] 5 Fallowfield Road, Suite 30] Camp Hill, PA 17011 Phone: (717) 6] 2-5802 Fax: (717) 6]2-5805 Email: sgrose@keeferwood.com Attorneys for Plaintiff PATRICIA J, DUKE, aka P. JEANNE DUKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. NO.; 05-5085 LEE E. DUKE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under 9 330l(c) ofthe Divorce Code was filed on September 28,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. DATE; February 6.,2006 ) '" \ tiL1~ Plaintiff, Patricia J. D 1:;7\ -:-'J, ~~.-,. ,~";""-- " ' . '," c-J \,..t~) -,.." r:~? ~",.:-- u Stephen L. Grose, Esquire Attorney J.D. No. 31006 Keefer Wood Allen & Rahal, LLP 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: sgrose@keeferwood.com Attorneys for Plaintiff PATRICIA J. DUKE, aka P. JEANNE DUKE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PE'\J}.JSYL '/ ~ ~,,-}\.JIA Plaintiff vs. NO.: LEE E. DUKE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under S 3301(c) of the Divorce Code was filed on September 28,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe 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. S 4904 relating to unsworn falsification to authorities. DATE: February -':L, 2006 -D F ,;,L fu'--'L-, ~-' Defendant, Lee E. Duke n ~~ .......:') :5 ~~ '~ ~. ~1 "TJ 1'-1 C"J I \.C t'.....:> j',) (;", , , H :+: :+::t':+::ti , :+::+: :+::+: :+: :+::+::+::+::+. +.:+::+::+.:+::+::+:'+:+::+::+: :+::+::+:+:+ Of. ++ . . . . H. ,.,'''' :+::+::+::+::+::+: :+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. PATRICIA J. DUKE, aka P. JEANNE DUKE Plaintiff NO. 05-5085 VERSUS LEE E. DUKE Defendant DECREE IN DIVORCE AND NOW, ~ thislt. day of , IT IS ORDERED AND f~~(u').J 1- ' 2006 DECREED THAT Patricia J. Duke, a/k/a P. Jeanne Duke , PLAINTIFF, AND Lee E. Duke , 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 Property Settlement Agreement attached hereto as Exhibit A and in- corporated into this Deeree, in part of the di.oree deerEc and 3hall address the parties' rights and responsibilities with regard to alimony and spousal support. . + . . . . . . . . . . . . . . . . . . . . :+ Of.:+ 'f:+: Of:+::+:+: Of ++ ATT " /"~~"'~ /~,r?H1 W PROTHONOTARY T: t;4zfo C7f~- k :+::+: :t: "',.,:+: :+::+: Of. Of 'to' '+' :+:+::+::+::+: Of.:+::+: Of:+: Of :+::+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. o fzv;z ~J rJ;7c-j, *' ~.. VWJ! :drm6 I9"d <.,~. --L?,E_ /:Fr~1f /'f/~~ -70 'e( r:c' l :.- ;/'/"/" ; (/ - /~~ I -J"9_ (~ ~ ~ P 7"~ '/If' ff~) -r;? ''Jj' eC' . t?