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HomeMy WebLinkAbout05-6291 . Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. GRAY, * * NO. D~ - ~;;. 9/ Cu~tr&<-~ VS. * * STEVEN C. GRAY, 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 A V AILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DWISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DWORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RlGm TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. GRAY, * * NO. 0 S - (, .:l. q ( CiuL/~ vs. * * STEVEN C. GRAY, Defendant * CIVIL ACTION - LAW * IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER ~3301(~) or ~3301(1l) OF THE DIVORCE CODE 1. Plaintiff is Susan M. Gray, who currently resides at 923 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 170 \3. 2, Defendant is Steven C. Gray, who currently resides at 923 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, 3, Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing oftbis Complaint. 4. Plaintiff and Defendant were married on February 27, 1993, in Carlisle, Pennsylvania. 5, The parties are the parents of one (1) minorcbild: StevenC, Gray, born on August 16,1993, 6. There have been no prior actions of divorce or for annulment between the parties, 7. Neither party is presently a member of the Armed Forces on active duty. 8, Plaintiff has been advised that counseling is available and that she 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 a Divorce Decree being issued, 9, The cause of action and sections of the Divorce Code under wbich Plaintiff is proceeding are: (a) ~3301(c). The marriage of the parties is irretrievably broken; and (b) ~3301(d), The marriage of the parties is irretrievably broken and, at the appropriate time, N P ~ ~ ~ 1. 9v - - ..0 ( " ~ \) C> . ,...-' - . V) ;'-1 ,I', - 'Z C> C} ",:-;' ~ C' {) \ ~ I -," \ "b -J If\ ,.""-'\ .-...0 ~ . . ~ ~?- f"-' c' ~, J ~ l~' , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. GRAY, . No. 05-6291 CIVIL TERM Plaintiff . . VS. . CIVIL ACTION . STEVEN C. GRAY, . DIVORCE Defendant . ACCEPTANCE OF SERVICE I accept service of Plaintiff's Complaint in Divorce in the above-captioned matter, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, Date: 'J.po 6 St ven C Gray 923 Alexander Spring Road Carlisle, Pennsylvania 17013 ,'! <-', (. .,<. SUSAN M. GRAY, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-6291 CIVIL TERM STEVEN C. GRAY, Defendant, CIVIL ACTION - DNORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~3 30 1 ( c) of the Divorce Code was filed on December 7, 2005. 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 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 made herein are subject to the penalties of 18 Pa. C.S. ~904 relating to unsworn falsification to authorities. lo/~ t Dr (l Date cF~7 ... Su. .M. Gray ntlff 2- ~ ~ ~ ;:,:. g ~:rA ~w, ~~ ~ -o'fn .....- - -::tJC( (fJ;';~ cP 00 ::.::, ...,~ ~c.. :::;:h-. ..:c;c ~ 15 '].1 ':)f. ."",;'Q %6 CSff' <Pc: - ~ 3. <.J" ~ ~ SUSAN M. GRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-6291 CIVIL TERM STEVEN C. GRAY, Defendant, CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. JQbJo-u Date g ,...., ~ ~ c;:::J s: <7' iB~; 0 :i! ("") ~~ .<;... :J:' -t ZC ~; ~6 .....-.,. CD c::c 9;) ~o -,:;! .:.1: :g --'C) :x Qo )> --;.. e?'n . c. z ~ ~ c...n N ~ SUSAN M. GRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-6291 CIVIL TERM STEVEN C. GRAY, Defendant, CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on December 7,2005. 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 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 made herein are subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. MI1-jp~ Date { I (") "'" c::::> ~ ~ e> or" ;R~ 0 ~::9 n ZI' -I 7C ~~ We: :r:J -<: ~; en 0 <C, -I! 0 - ,-c~ '1-' -- -0 gB Zl,-: :J: C;; c; -rn .C ~ ~ U1 ~ N SUSAN M. GRAY, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6291 CIVIL TERM STEVEN C. GRAY, Defendant, CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 made herein are subject to the penalties of 18 Pa. C.S. ~904 relating to unsworn falsification to authorities. 1014-f' Date { ~ ~ ~ ~~ g ~~ .;......t -o.~ ~s, - ~~,~^ ('$J ~Q ~<..: r:;C .~ ,t ~ ""0 ~""'1 %(~: ::J: %~ 0 YC: - :::::1 2" .. ~ :t (J'\ N DS- - /'2.91 C'CJLL 1E.a..~ MARITALSETTLEMffiNTAGREEMffiNT THIS MARITAL SETTLEMffiNT AGREEMffiNT, made this L..f'H'-aay of ~ 2006, by and between SUSAN M. GRAY, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"), and STEVEN C. GRAY, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on February 27, 1993, in Carlisle, Pennsylvania; WHEREAS, HUSBAND and WIFE are the parents of one minor child: Steven C. Gray, born on August 16, 1993; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though 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 or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301<0 of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301<0 of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to pennit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORA nON OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree , . hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or tenitory of the United States, or 0 any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: WIFE has been represented by Bradley A. Winnick, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. HUSBAND has not been represented by counsel, and acknowledges that at no time has Attorney Winnick offered legal advice to him or acted in any manner as his legal representative. HUSBAND further acknowledges his understanding of his right to obtain counsel of his own choosing, and to have said counsel assist him in any manner related to the instant Agreement. By executing this Agreement, HUSBAND expresses his understanding of those rights and explicitly waives the right to counsel. HUSBAND acknowledges that he has signed said Agreement freely and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. . . Each party agrees to indemnify and hold the other party hannless 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. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold hannless the other party from and against any and 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. 11. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property ofthe other from the date of execution hereof 12. DIVISION OF MARITAL RESIDENCE: The parties were joint owners of the former marital residence situate at 923 Alexander Spring Road, Carlisle, Pennsylvania, which was sold by the agreement ofthe parties on March 31, 2006. The proceeds of said sale, $71,03 8. 81, have been held in trust by counsel for WIFE. It is agreed that $45,038.81 will be distributed to WIFE, and that $26,000.00 will be distributed to HUSBAND. 13. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 14. MOTOR VEIDCLES: The parties are the owners of the following vehicles which shall be distributed in the following manner: a) WIFE shall retain sole ownership of the Nissan Altima titled in her name, and shall remain solely responsible for any and all payments associated with said vehicle; b) WIFE shall retain sole ownership of the Ford Explorer titled in her name. However, HUSBAND shall continue to enjoy exclusive possession of this vehicle for as long as he complies with the payment terms detailed herein. It is acknowledged that both the title and the financing for this vehicle are in WIFE's name and that HUSBAND pays to WIFE the sum of$211.06 per month for payment of the vehicle loan. It is agreed that HUSBAND shall continue to make this payment, as well as all other payments associated with the insurance and maintenance of said vehicle. In the event that HUSBAND fails to make timely payments to WIFE, WIFE shall be entitled to reclaim possession of the vehicle and to dispose of it as she deems appropriate. At such time as the vehicle loan is fully satisfied, WIFE shall execute the title transferring all her right, title and interest in the vehicle to HUSBAND; c) WIFE shall retain sole and exclusive ownership of the Subaru Legacy, titled in the joint names of the parties, which is in the possession of her adult son. HUSBAND shall execute the title to this vehicle transferring all his right, tile and interest therein to WIFE. 15. AFTER-ACOUlRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. PENSIONS I RETIREMENT ACCOUNTS: Each party shall remain the sole and exclusive owner of any pensions, retirement accounts and/or investment accounts in his or her individual name, and hereby waives any right, claim or interest they may have in any such account held and retained by the other party. 17. LIFE INSURANCE: HUSBAND shall immediately purchase a term life insurance policy on himself naming WIFE as beneficiary. The death benefit shall begin at not less than $70,400.00. The policy shall remain in effect until such time as HUSBAND no longer has any obligation to WIFE for the payment of alimony pursuant to Paragraph 22 of this Agreement. However, HUSBAND shall be free to modify said policy each year to reduce the death benefit based upon the remaining balance of all alimony owed to WIFE. HUSBAND shall be responsible for the payment of all premiums for this policy. HUSBAND shall also provide proof of coverage to WIFE upon obtaining the policy and shall comply with all subsequent requests by WIFE to be provided with documentation demonstrating continued coverage. 18. CUSTODY: The parties have not entered into a formal agreement for custody, nor has an Order for Custody been issued by any court. The parties do agree, however, that they currently share legal and physical custody of Steven per their mutual agreement. 19. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2006. 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 indemnify 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. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 21. HEALTH INSURANCE: lllJSBAND has provided health insurance coverage to WIFE during their marriage and since their separation. It is agreed that lllJSBAND shall continue to provide said coverage to WIFE until they are divorced. At that time, WIFE shall be responsible for securing her own health insurance coverage and shall be solely responsible for any and all payments related to said coverage or for her medical care. 22. SPOUSAL SUPPORT I ALIMONY: lllJSBAND currently pays spousal support to WIFE of $277.00 per month pursuant to an Order for Support of the Cumberland County Court of Common Pleas docketed to 204 S 2006. This spousal support shall continue until a decree in divorce is issued. Effective on the date the decree in divorce is issued, lllJSBAND shall begin paying to WIFE alimony of $275.00 per month. The alimony shall be paid directly from HUSBAND to WIFE, and shall continue to be paid until WIFE' s sixty-fifth (65th) birthday on February 6,2028. All payments shall be received by WIFE on or before the 5th day of each month, commencing with the first such date following the effective date of this Agreement. In the event that HUSBAND fails to make any payment in a timely fashion, WIFE shall be entitled to seek an Order of Court directing payment via direct payroll deduction, and shall be entitled to reasonable legal fees from HUSBAND incurred as the result of his failure to make timely payments. The alimony prescribed by this paragraph shall not be modifiable under any circumstances, including WIFE's cohabitation or death, except for the death oflllJSBAND. In the event of WIFE' s death, lllJSBAND shall continue to make all alimony payments as prescribed herein to WIFE's estate. The payments made pursuant to this Paragraph shall constitute income to WIFE and shall be allowable as a deduction from HUSBAND's income. The parties hereby agree that the foregoing provisions for WIFE's individual benefit are satisfactory with regard to her support and maintenance. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for . . herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and! or demands they may now have or hereafter have against the other for alimony, alimony pendente lite and spousal support, except as specifically provided for herein. 23. MARITAL DEBT: The parties agree that they have not incurred any debt in the name of the other, and that each shall remain solely responsible for any and all debt owed in their individual name. The parties hereby warrant that there are no jointly held credit cards or other jointly held debt. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, 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 such interests, rights and claims. . , 27. 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. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDmONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: 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. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3 505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either . . party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 33. MODIFICA nON 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 any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE BEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. (SEAL) W ~/ w:r06:ss (SEAL) S .. COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF .\lo(L On this, J-I~ day of ~y , 2006, before me a Notary Public, personally appeared Susan M. Gray, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanette L. Roberts, Notary Public Dillsburg Bora, York County My Commission Expires Aug. 22. 2010 Member, Pennsylvania Association 01 Notaries ~ COMMONWEALTH OF PENNSYL VANIA : SS. COUNTY OF \} DYL On this, the l:t~ay of ~by , 2006, before me a Notary Public, personally appeared Steven C. Gray, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. COM 0 WEALTH OF PENNSYLVANIA Notarial seal Jeanette L. Roberts. Notary Public DiI\sbUrg Bora, York County My Commission Expires Aug. 22, 2010 . Member, Pennsylvania Association 01 Notaries (") c ~ \.li::,: n'lni ~'.~~E.! ?-"-j~. (fl.-:, ~e;l !fg 5>c ";7 ~ f"oo.> <::::> = c::ro c:> ~ ~ :C:n 01,- ro ~~ ....l.--U (.1 (') ".' rn S (.n ~ f'-' "'t) :x ,./ ".. SUSAN M. GRAY, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-6291 CIVIL TERM STEVEN C. GRAY, Defendant, CIVIL ACTION - 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant Accepted Service of the Complaint on January 1. 2006. said Acceptance of Service was filed with this Honorable Court on February 22. 2006. 3. Complete either Paragraph (a) or (b): (a) Date of execution ofthe Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: October 4. 2006 ; By Defendant: October 4. 2006. (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: NtA (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: Nt A. 4. Related claims pending: All related claims were settled bv a Marital Settlement Ae:reement dated October 4. 2006. and filed with the Court on October 18. 2006. , .. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce wasfiledwith the Prothonotary: October 18. 2006: Date Defendant's Waiver of Notice in Section 3301(c) Divorce wasfiledwith the Prothonotary: October 18. 2006. Respectfully Submitted: Date: (fF'" 'Z,;Y-Db By: a. ~/hHA.YL. Bradley A. Winnick, Esquire Supreme Court LD. #78413 130 West Church Street, Suite 100 Dillsburg, P A 17019 (717) 432-9666 (Attorney for Plaintiff) ~ c:::, 0-. a \:, -..; N O'l -0 ~ fSj o w ~ 5! nlilJ -0....... . . f-Lf U0 r:-)l -':iC) r~ ---- ;;'5 --;1 ;'".6 (5 rn b! :J;J -< ,. ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ IN THE COURT OF COMMON PLEAS : + OFCUMBERLANDCOUNTY : + ~ STATE OF PENNA. SUSAN M. GRAY, Plaintiff No. 2005-6291 CIVIL TERM VERSUS STEVEN C. GRA Y, Defendant AND NOW, DECREE IN DIVORCE ()~ 3 ( , IT IS ORDERED AND r.:Jr J:~ (. f.;1 · ~d. DECREED THAT SUSAN M. GRAY , PLAINTIFF, AND STEVEN C. GRAY , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; The terms and provisions of the Marital Settlement Agreement signed by the parties and dated October 4, 2006 are here rated but not merged in the Decree of Divorce and remain binding ~>~A4. By ~;r, .. ATTEST~i < PROTHONOTARY J. _;/p j? ~ ~/i, '}:J' '/-11 ~ fz!' y ~ ~r'f) "ltll!Jll .. . . ~ ' '! ...