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HomeMy WebLinkAbout05-5307 KERRY BAKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 200<)- -)301 ~.~.-I TARA BAKER, 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 Court Administrator, Cumberland County Courthouse, Hanover Street, 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 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 Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KERRY BAKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-..530'1 &;J -r~ TARA BAKER, CIVIL ACTION - LAW Defendant In Divorce COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE NOW COMES Plaintiff, KERRY BAKER, by his attorneys, Purcell, Krug & Haller, and avers as follows: 1. Plaintiff is Kerry Baker, an adult individual with a current address at NOLSC N 412.2C, 5450 Carlisle Pike, P.O. Box 2011, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Tara Baker, an adult individual who currently resides at 678 Windbrook Circle, Newport News, Newport News County, Virginia 23602. 3. Plaintiff is a resident of the Commonwealth of Pennsylvania. 4. Plaintiff and Defendant were married on March 10, 1999, in Honolulu, Hawaii. 5. There have been no prior actions in divorce or annulment between the parties. 6. Both parties in this action are presently members of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. The marriage is irretrievably broken. 9. 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. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to the issuance of a Decree in Divorce. 10. From this point forward, it is the intention of both Parties to live their lives as if single. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce. PURCELL, KRUG & HALLER By Esquire Date: ~ /0/1"00 ichole M. D #79866 719 North Front Street Harrisburg, PA 17102 (717) 234-4178 VERIFICATION I, KERRY BAKER, hereby verify that the facts contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. KERRY BAKER ~a~ Date: 30 S<Y' -Z.oe>S CERTIFICATE OF SERVICE I, JENNIE R. KELLEY, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that the foregoing COMPLAINT IN DIVORCE, was served upon the following via Regular and Certified Mail, Restricted Delivery, Return Receipt Requested, on 10110 /~ . I I Tara Baker 678 Windbrook Circle Newport News, VA 23602 9dr~A -" .~,";'1 f't ennle R. Kel ey ~~ -.. E;"- ~ ...... ~ - ~ .u ~ - ~ <::> ~ --v .)... o <?" 1 n (::-: ,..., c::l ':c::> """ C> ~ G o -n .-1 fh:D -'om ,,\,'1(: : '\ ,c. --i\) '""l.:) (') :; )rn :~ :n -< r,) cc> N - Nichole M. Staley O'Gorman, PA Atty. ID No. 79866 PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717) 234-4178 Email: nsta1ev@pkh.com KERRY BAKER, Plaintiff vs. TARA BAKER, Defendant Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-~ r;'W) CIVIL ACTION - LAW In Divorce AFFIDAVIT OF SERVICE I, Nichole M. Staley O'Gorman, Esquire, Attorney for the Plaintiff, Kerry Baker, in the above action, hereby swear and affirm that on the 11th day of October, 2005, I sent, by certified mail, return receipt requested, restricted delivery, a Complaint in Divorce to the Defendant, Tara Baker. The Return Receipt Card signed by the Defendant on October 18, 2005, is attached hereto "A". Sworn and subscribes!, to before me this f~/.-fI~( day of (') ~-+rJ=f2.A. ,2005 . JJ.& NoLl Public COMMONWEAI-TH OF PENNSYLVANIA r ~rim~ bI' \ aller Notary Pu Ie \ Angela S, Sh Dauphin COUfII"i CilyOf~,q,;resJan,12,2008 My CommlSS , ' Of Not~ries Member. pennsylvania ASSOciatIon /lv(/L-- O'GORMAN . 2. 71bD 3'111 'I&~I\ 3107 1lI\01 x 4-1' D. Is delivery ad ress different Irom item 1~' If YES, enter delivery address below~ ~ 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: Tara Baker 678 Wind brook Circle Newport News, VA 23602 JVes Kerry Baker PS Form 3811, July 2001 Domestic Return Receipt EXHIBIT i! 3 H- NMSO :=J Agent ~eS5ee ~ I'} ..~1 \~, ') C' Nichole M. Staley O'Gorman, ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstalev@pkh.com Esquire v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA "7 NO. 2005-5301 KERRY BAKER, Plaintiff TARA BAKER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 11, 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. ~4904 relating to unsworn falsification to authorities. Date: 2.5 SAN 1. ej(d;J ~-d~ Kerry Baker, Plaintiff o <;, -~ ""On) rt1(1 ' -7' ~}'! ~'"-~ 'c.i> ~ (..- ~ ~ '..' . I ~".. ~~'~?. ~ q. ~~ -<:1'2:\ ~~~, t) -:2.:t\ '<:'?C"') "f~ r~ '::;\ 15 '.% "" -- ,..;:,~, ~ <,:l o ------ Nichole M. Staley O'Gorman, ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com Esquire KERRY BAKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-530/7 TARA BAKER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer'S fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: ..:. <) TAAJ';:(2I<;!5' ~/L~ Kerry Baker, Plaintiff (') c: <- -vii] n~rr, 2-:.~. ;:;:: r ~),,:; r--=:' ~~'~, :s -< ..., = = a-> <- :<>- % N -J o " .-1 :r: m::D -om :pQ 0.'..\ --:;--~S-f; 7~=1] ~> () ....m ~~ ~ ~ " ::.I<: r:-:> w C> Nichole M. Staley O'Gorman, ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstalev@pkh.com Esquire v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 7 NO. 2005-5309' KERRY BAKER, Plaintiff TARA BAKER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 11, 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. 54904 relating to unsworn falsification to authorities. Date: loFih Ole J 11!p.) Tara Bake~, Defendant .-,~, \_., .' ,oj ,',"\ l,-'~' Nichole M. Staley O'Gorman, ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstalev@pkh.com Esquire v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -1 NO. 2005-5307 KERRY BAKER, Plaintiff TARA BAKER, 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 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: I/J hh 0(" .../- / i( Tara Ba er, Defendant -;-- J'.-0 ~~.. ;'""..... ,''', '- c.'} . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated as set forth below, by and between KERRY BAKER, hereinafter referred to as "Husband", and TARA BAKER, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 10, 1999; and WHEREAS, one child was born of this marriage, Ketara Baker (DaB 8- 15-98), (hereinafter referred to as "child"); and WHEREAS, certain differences have arisen between the parties as a result of which they separated on September 5, 2005 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, each of the parties has had the opportunity to receive the advice and assistance of counsel of his or her choosing: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt 2 or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstandinq Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: a. Federal Land Bank Association of Texas, FLCA mortgage (Texas real estate) with an approximate current balance of $35,197.80 b. Countrywide first mortgage and home equity line of credit (Ohio property) with a combined approximate current balance of $98,000. In the event that either party contracted or incurred any debts other than those specifically set forth above, either before or after the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the second marriage for 3 Husband and first for Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; the economic circumstances of each party at the time the division of property is to become effective; the Federal, State and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate and certain; the expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate or certain; and whether a party will be serving as the custodian of any dependent minor children. 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 marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Personal Propertv. The parties hereto mutually agree that they have effected a satisfactory 4 division of the furniture, household 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, 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 possession of each of the parties hereto. B. Financial Accounts. All financial accounts have been distributed to the mutual satisfaction of the parties. C. Real Estate. The parties jointly own property located at 3252 Ridge Avenue, Dayton, Ohio (hereinafter "Ohio property"). Wife shall retain the Ohio property. The parties also own, along with Husband's brother, approximately eighty acres of real estate in Texas (hereinafter "Texas property"). Husband shall retain the parties' interest in the Texas property. Wife shall be solely responsible for the Countrywide first mortgage and home equity line of credit (approximately $98,000 combined) on the Ohio property, as well as for the payment of all current and future taxes, insurance and utility bills relative to said real estate. Wife shall remain in full compliance with the terms of said loans. Wife shall pay and discharge said obligations on 5 said premises, and shall indemnify Husband from any loss by reason of her default in the payment thereof, and shall save Husband harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against him by virtue of her default. Husband shall be solely responsible for the Federal Land Bank Association of Texas, FLeA mortgage loan (approximately $35,197.80) on the Texas property, as well as for the payment of all current and future taxes, insurance and utility bills relative to said real estate. Husband shall remain in full compliance with the terms of said loan. Husband shall pay and discharge said obligations on said premises, and shall indemnify Wife from any loss by reason of his default in the payment thereof, and shall save Wife harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against her by virtue of his default. Within two (2) years of the date execution of this Agreement, the parties shall refinance their respective loan obligations, sell the property or otherwise secure a release relieving the other from all responsibility and liability with respect thereto. At such time as the respective properties of the parties are refinanced, sold (at a price sufficient to satisfy the loans and other obligations described herein) or a release is secured, the parties shall promptly execute and deliver a Deed transferring his or her respective interest to the other to the other. In the event a party fails or refuses within said two (2) years to refinance, sell or otherwise secure a release, or at any time defaults under the terms of his 6 or her loan obligation, such shall constitute a breach of this Agreement and the aggrieved party shall have the right to compel the other to join in an immediate sale of the subject real estate. In this event, the property may be sold at any price sufficient to payoff the above referenced loan obligations plus any sums the aggrieved party has had to expend as a result of the breach, including without limitation counsel fees, costs of sale and costs to cure a loan default. The parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania shall retain continuing jurisdiction to enforce the terms of this Agreement. D. Vehicles. All motor vehicles have been distributed to the mutual satisfaction of the parties. E. Life Insurance. Neither party owns any life insurance which is marital property subject to equitable distribution. F. Retirement Assets. Each party shall retain his or her interest in their respective retirement assets including, but not limited to any IRA, Keough plan, 401 (k) plan, military retirement, savings plan, annuity benefits, retirement plan, pension plan, profit sharing plan, stock bonus plan, stock option plan, thrift plan, defined benefit or 7 defined contribution plan. The parties waive and release all right, claim, title and interest he or she may have, now or in the future, to the retirement assets of the other. Each agrees to execute any and all documents which may be required to give full effect to this Paragraph. H. General Provisions. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible property. Neither party shall make any claim to any such items of marital property, or of the separate property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of a party if, in the case of tangible property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in 8 such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their 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. 7. Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of 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 or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony, except as set forth herein. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony, modification or extension of same, brought by or on behalf of the other and the results of such action, such indemnity to include the actual counsel fees of the defendant in any such future action. 9 8. Alimonv Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support, alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Additionally, each party shall be responsible for his or her own counsel fees and costs. Each party shall indemnify, defend and hold the other harmless against any future action for spousal support, alimony pendente lite or counsel fees and costs, brought by or on behalf of the other, and the results of such action. Such indemnity shall include the actual counsel fees of the defendant in any such future action. Nothing contained herein shall preclude a party from obtaining counsel fees and costs in the event of, and stemming directly from a breach of this Agreement. 9. Medical Insurance and Uninsured Expenses. Husband shall provide, at his sole expense, all medical, dental, vision, hospitalization and other health insurance that is necessary or advisable for his benefit. Likewise, Wife shall provide, at her sole expense, all medical, dental, vision, hospitalization and other health insurance that is necessary or advisable for her benefit. Husband and Wife shall be solely responsible for his or her own uninsured medical, 10 dental, vision, hospitalization and other health-related expenses. 10. Prior Tax Returns. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party guilty of fraud or intentional misrepresentation shall indemnify and save the other party harmless from such tax liability, penalties, interest, counsel fees, accountant's fees and costs. Barring fraud or intentional misrepresentation, the parties shall be equally responsible for and shall pay all such taxes, penalties, interest and expenses. 11. Divorce. A Complaint in Divorce has been filed to No. 2005-05307 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301 (c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 11 12. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement All spousal support, alimony pendente lite and other such obligations, excluding alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301 (c) or 3301 (d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 13. Reconciliation. In the event of a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 14. 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, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other 12 statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 15. Waivers of Claims Aaainst 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 now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each 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. Each further waives any right to inherit or receive property or act as the personal representative of the estate of the other by Will, Codicil, intestacy, or designation of beneficiary, unless such Will, Codicil, or designation of beneficiary is dated subsequent to the effective date of this Agreement. Should a party receive money, property or other benefits to which he or she is not entitled pursuant to the terms of this Agreement, said money, property or other benefit shall be delivered to the Administrator/Administratrix or Executor/Executrix of the estate of the other immediately upon receipt. 13 16. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 17. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 18. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. 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 the parties to execute the Agreement. 14 19. Additional Instruments. Each of the parties 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 provisions of this Agreement. 20. Separabilitv. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 21. Entire Agreement. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants and 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 jurisdiction pursuant to Section 3502(d) of the Divorce code or 15 any other laws. 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 waiver by either party of any right to seek court relief for the purpose of enforcing the provisions of this Agreement. 22. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the non breaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be construed in accordance with the Laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement and, where such law is inconsistent, the terms of this 16 instrument shall govern. 24. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, or the right to counsel and legal explanation is known and voluntarily waived, 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 or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. Each party further acknowledges that each has conducted his own independent investigation into the existence of the other's assets and liabilities and is not depending upon any representations made by the other party in agreeing to the terms hereof. 25. Descriptive Headinqs. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. Aqreement Bindinq on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 27. Effective Date. The effective date of this Agreement shall be the date 17 . on which the parties executed this Agreement, as indicated below. If the parties executed the Agreement on different dates, the effective date shall be the later of the two dates. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ~?--' ~ Kerry Baker i"ic/o(., Date Ta;~1:- 11,1/0 (.. Date 18 -------' - ------- ca\ ,A ~ 'f-, " C,'":l ---- ":)~'~' ;", ;;" '.7- ---- ,--------- .". Nichole M. Staley O'Gorman, Esquire PA Atty. 10 No. 79866 PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717)234-4178 Email: nstaJev@pkh.com KERRY BAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 630!3- 5:107 : CIVIL ACTION - LAW : In Divorce vs. TARA BAKER, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Mutual Consent under &3301 Ic) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was served on October 18. 2005 bv Certified Mail 3. (Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301 (c) of the Divorce Code: By Plaintiff: Januarv 25.2005 and By Defendant: Februarv 10. 2006. (b) (1) Date of execution of the Affidavit required by ~3301 (d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. Related claims pending: None \o-~ 5. (Complete either (aLor (b).) (a) Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: Januarv 27. 2006: Date Defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: Februarv 24. 2006. Date: <:j ';;/ ~ 0 (p squire " c .....1', " I' ~J .;;:~.::l "'~'J ,~"..~ ')~, ~ s~~ ~~-:;i (..) ~'-- , s:- :;:- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KERRY BAKER P1Rintiff No. 2005-5309 VERSUS TAPA RAm Defendant DECREE IN DIVORCE AND NOW, ~h..Mr ~ U(J' , IT IS ORDERED AND DECREED THAT KERRY RAKF.R , PLAINTIFF, AND TARA BAKER , 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; Pursuant to P::Il"'::Igr::lph 1R nf th~ ~1""t-;t)c:!t ~Or~1""!:tt;otI Agre~Rt(lTop&I'tr Settlement Agreement), the Agreement shall be incorporated, but shall not merge in the final Divorce Decree. ~ ..' , By THE J. OTHONOTARY .~ ~ /p'~V ~ #}t7 $; P ~ <7 r J! "P-::"~ P'P 'Pi/' ~-b ......,.. .,.". .. ' ,_J . .. ' '. I"".\:' ,,,,,' ...,