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HomeMy WebLinkAbout02-1381RYAN FEDOR, Plaintiff KRESTA LYN FRENCH-FEDOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · Docket No. oa.~ : : 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 fights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 RYAN FEDOR, Plaintiff KRESTA LYN FRENCH-FEDOR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 0,2 -! ~J(/ CIVIL ACTION-- LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(e) or 3301(d) OF THE DIVORCE CODE AND NOW, comes Plaintiff, Ryan Fedor, by and through his attorneys, the Law Offices of Richard C. Galley, who files this Complaint in Divorce under Sectiohs 3301(c) or 3301(d) of the Divorce Code, and who, in support thereof, avers as follows: 1. Plaintiffis Ryan Fedor, who currently resides at 509 Grant Drive, Camp Hill, Cumberland County, Pennsylvania, 1701 l, since April 2000. 2. Defendant is Kresta Lyn French-Fedor, who currently resides at 541 Gans- Woodbridge Road, Smithfield, Fayette County, Pennsylvania 15478, since December 10, 2001. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 11, 1999 in Fayette County, Pennsylvania. 5. The parties separated on December 10, 2001 and have been living separate and apart since then. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. Neither the Plaimiff nor the Defendant is in the military or naval service or in any branch of the armed forces of the United States of America or its allies or is otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. WHEREFORE, if both parties file affidavits consenting to the divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c), or, in the alternative, pursuant to 23 P.S. § 3301(d). Respectfully submitted, LAW OFFICES OF RICHARD C. GAFFNEY Eau/-a A. Gargiulo~, Es~ire PA Supreme Court ID No. 86128 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 VERIFICATION I verify that I have read the foregoing Complaint in Divorce and verify that the statements made therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. RYAN FEDOR, Plaintiff go KRESTA LYN FRENCH-FEDOK, Defendam : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. : CIVIL ACTION-- LAW : IN DIVORCE CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 2t)~ day of f~,rr~ ,2002, she served a tree and correct copy of the Complaint in Divorce upon the following individual in accordance with Pa.R.C.P. 1930.4 by mailing the same via certified mail, restricted delivery, postage prepaid, and remm receipt requested, addressed as follows: Kresta Lyn French-Fedor 541 Gans-Woodbridge Road Smithfield, Pennsylvania 15478 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attomeys for Defendant RYAN FEDOR, Plaintiff V. KRESTA LYN FRENCH-FEDOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1381 : : CIVIL ACTION - LAW : : 1N DIVORCE PETITION RAISING CLAIMS PURSUANT TO Pa. R. C. P. 1920.15 AND NOW, comes Defendant, Kresta Lynn French-Fedor, by and through her attorneys, Reager and Adler, P.C., and petitions this court as follows: marriage. 2. 3. this matter. COUNT I EQUITABLE DISTRIBUTION Plaintiff and Defendant have acquired property, both real and personal, during their The parties have acquired marital debt during the marriage. Plaintiff and Defendant may be unable to resolve amicably the property issues in WHEREFORE, Defendant respectfully requests this Honorable Court to equitably divide all marital property and debt. reference. 5. 6. COUNT II ALIMONY.. ALIMONY PENDENTE LITE~ ATTORNEY'S FEES AND COSTS Paragraphs one (1) through three (3) of this Petition are incorporated herein by Defendant lacks sufficient property to provide for her reasonable needs. By reason of this action, Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 7. The Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 8. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 9. Plaintiff has adequate earnings and assets to provide for Defendant's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests this Honorable Court to award Defendant alimony, alimony pendente lite and attorneys fees and costs. Respectfully Submitted, REAGER ~ ADLER. PC :1:-/ . , Date: / ~ ~ By: A/I TOR, ESQUIRE Attor~,y I.D~o. 66378 2331 1~ l~ket Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Defendant CERTIFICATE OF SERVICE caused a true and correct copy of the foregoing docume , ,2002, I hereby verify that I have PETITION RAISING CLAIMS PURSUANT TO Pa.R.C.P. 1920.15, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Laura A. Gargiull, Esquire Law Offices of Richard C. Gaffney 2120 Market Street Camp Hill, PA 17011 Dated: RYAN FEDOR, PLAINTIFF KRESTA LYN FRENCH-FEDOR, DEFENDANT : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA :DOCKET NO. 02-1381 CIVIL TERM : : CIVIL ACTION -- LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and Section 3301 (d) of the Divorce Code was filed on March 20, 2002. 2. The marriage between plaintiff and defendant is irretrievably broken. 3. Defendant, Kresta Lyn French-Fedor was served a true and correct copy of the Complaint on March 22, 2002. 4. Ninety days (90) have elapsed from the date of filing and service of the Complaint. 5. 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. Section 4904 relating to unsworn falsification to authorities. RYAN FEDOR, PLAINTIFF KRESTA LYN FRENCH-FEDOR, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :DOCKET NO. 02-1381 CIVIL TERM : : CIVIL ACTION -- LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST 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, attorney's fees and expenses ifI 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. ~.~ Fedo~ (Plaintiff) MARITAL SETTLEMENT AGREEMENT This MARITALiSETTLEMENT AGREEMENT (this "Agreement") is made effective as of the ~lSv"-day of September 2003 by and between Ry^~4 J. FEDOR, who resides at 172 Oak Ridge Lane, Dallastown, York County, Pennsylvania, 17313 (hereinafter "Husband"), and KRESTA LYN FRENCH-FEDOR, who resides in Smithfield, Fayette County, Pennsylvania (hereinafter "Wife"). Husband and Wife are referred to collectively as the "Parties". WHEREAS, the Parties hereto were lawfully married to each other in Fayette County, Pennsylvania on September 11, 1999; and WHEREAS, due to diverse and unhappy differences, the Parties have been living separate and apart since December 11, 2001; and WHEREAS, on March 20, 2002, Husband filed a Complaint in Divorce in the Court of Common Pleas for the Ninth Judicial District of Pennsylvania, Cumberland County, which Complaint is docketed to No. 02-1381 - Civil Term; and WHEREAS, there are no children of the marriage; and WHEREAS, the Parties intend to live separate and apart for the rest of their lives and are desirous of settling completely and finally the economic and other rights and obligations between each other; and WI 1EREAS, ~.,,,.h P-arty has made representations to thc ,,tim Pm ty at~d hao~ fully discluacd to thc other Party the pa*nm and extent of his m h=~ usaets and income. ~_L~ NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions hereinafter contained, and intending to be legally bound hereby, the Parties mutually agree as follows: 1. Intention with Respect to a Divorce. The Parties intend to secure a mutual consent, no-fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended. Contemporaneously with the execution of this Agreement, each Party will execute an affidavit of consent to divorce under section 3301(c) of the Divorce Code and all other documents necessary to secure a divorce under that section of Page 1 the Divorce Code. The Parties understand and agree, however, that the execution and delivery of this Agreement is not predicated upon the commencement or maintenance of a divorce action. 2. Effect of Divorce Decree. This Agreement shall continue to be effective after the entry of a final decree in divorce between the Parties and, except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 3. Incorporation into Divorce Decree. The Parties intend that this Agreement will be incorporated into, but not merged with, a divorce decree that may be entered by any court of competent jurisdiction. The Parties intend further that the Court of Common Pleas entering the divorce decree shall retain continuing jurisdiction over the Parties and over the subject matter of the Agreement for the purpose of enforcement of any of its provisions. 4. Date of Execution. The date of execution of this Agreement shall be the date on which the Party last signing it has done so. 5. Effective Date of Agreement. This Agreement shall become effective and binding upon both Parties on the execution date of this Agreement. 6. Advice of Counsel; Voluntary Agreement. The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel. Husband is represented by Richard C. Gaffney, Esquire and Wife is represented by Debra Denison Cantor, Esquire. Each Party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that he or she has been fully informed as to his or her legal rights and obligations arising out of the Parties' marriage and impending divorce, including all rights available to him or her under the Pennsylvania Divorce Code of 1980, as amended. Each Party confirms that he or she has read this Agreement in its entirety and fully understands the terms, conditions and provisions of this Agreement and believes them to be fair and reasonable under the circumstances. Each Party further confirms that he or she is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement or agreements. Page 2 7. Personal Rights. Each Party shall be free from any direct or indirect interference by the other in his or her personal and business activities, as of the date of execution of this Agreement. Except as is otherwise set forth in this Agreement, each Party may reside wherever and with whomever he or she desires. The Parties shall not interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of each other. Neither Party shall enter the residence of the other Party without the express permission of the other Party. 8. Warranty of Disclosure. Husband and Wife represent and warrant that they have not fully disclosed to each other their respective assets, liabilities and income. The Parties acknowledge that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other Party. The Parties acknowledge that no formal appraisals have been conducted, and they are aware of such, but for this Agreement, they might be entitled to additional formal discovery including review of documents, inspections, interrogatories, depositions, formal valuations and appraisals, or otherwise. Notwithstanding the foregoing, the Parties agree that they are satisfied with the extent of the disclosure in this matter, and any further disclosure is specifically waived by both Parties. 9. Property Distribution. (a) Separate property. All property that was acquired separately by either of the Parties prior to the marriage or after separation or by gift or inheritance from a third Party shall remain the separate property of the Party who has possession or control of it as of the date of execution of this Agreement. (b) Marital property. Husband and Wife hereby acknowledge and agree that any and all property, real or personal, tangible or intangible, contingent, disputed or unliquidated, without limitation by specification herein, owned or acquired by both or either of them during their marriage or that otherwise qualifies as marital property has been equitably divided between them. Each Party shall keep and retain as his or her separate property all such Page 3 (c) (d) equitably divided marital property that, as of the date of execution of this Agreement, is in that Party's sole possession and control. Waiver of interest. Husband and Wife hereby specifically release and waive any and all right, title, interest or claim that he or she may have as to the whole or any part of said property that is in the control or possession of the other Party. With respect to this property held separately, each Party agrees to indemnify and hold the other harmless from any liability, cost or expense associated with such separate property. Specification ofprol~ertv distributed. Husband and Wife hereby agree that certain marital property has been or shall be distributed to the Party and in the manner set forth below. Husband and Wife acknowledge that the within specification does not constitute a complete list of martial property distributed between them. (i) Cash distribution. Within thirty (30) days following the date of execution of this Agreement, Husband shall transfer and deliver to Wife and Wife shall receive and accept the sum of TEN THOUS^ND DOLLARS ($10,000.00) in immediately available corrency of the United States of America. The Parties specifically agree that said transfer and delivery of funds is part of the equitable distribution of the marital estate and does not constitute payment by Husband of alimony, alimony pendente lite, spousal support, maintenance or the like. (i0 Stock. Husband shall keep and retain sole ownership, control and enjoyment of all shares of stock presently titled in his name. (iii) Motor Vehicles. Wife shall retain possession of, as her separate property, the VW Passat automobile currently titled in her name for her own use and disposition, and Husband shall retain possession of, as his separate Page 4 property, the Dodge Ram vehicle currently titled in his name for his own use and disposition. Except as otherwise provided in this Agreement, from the date of execution of this Agreement, the Party having title to an automobile shall be solely responsible for all expenses associated with the automobile, including, but not limited to, any sales or other taxes relating to the transfer, insurance, maintenance, gasoline, and liens and/or loans. Each Party represents to the other Party that, to the best of his or her knowledge, there are no outstanding liabilities relating to the automobiles existing as of the date of execution of this Agreement. Except to the extent that the foregoing representation is false, the Party having title to an antomobile shall be solely liable and shall keep the other Party exonerated and indemnified against and held harmless from any past, present or future liability, including reasonable counsel fees and increased insurance premiums, due to any of the expenses set forth in the preceding sentence. If the Party who has title to the automobile as of the date of execution of this Agreement incurs any increased insurance premiums as a result of any accidents or claims in which the other Party was involved, the other Party shall keep the Party who has title to the automobile exonerated and indemnified against and held harmless from any such increased insurance premium. Retirement Benefits. Husband and Wife hereby specifically release and waive any and all interest, claim or right that he or she may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits o£the other Party. Husband Page 5 10. Alimony/Support. (a) (c) specifically releases and waives his interest in, and his claims and right to Wife's SERS retirement plan. Wife specifically releases and waives her interest in and her claim to Husband's retirement plans from Pharmor and Giant Foods. The Parties shall execute any documents pursuant to ERISA or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. Afier-AcquiredProperty. Each Party shall hereafter own and enjoy, independently of any claim or right of the other, all property acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as though he or she were unmarried. Wife's spousal supvort claim. On January 4, 2002, Wife commenced an action for support against Husband by filing a Complaint for Support in the Court of Common Pleas of Fayette County, Pennsylvania, Domestic Relations Section, which matter is docketed to No. 00009 DR 2002, PACSES Case No. 250104142. No claims in divorce action. Neither Party raised any claim for alimony, alimony pendent lite, or any other economic claim in the Divorce matter that is pending in Cumberland County, Docket No. 02- 1381 - Civil Term. Release and Waiver of claims. Husband and Wife represent and acknowledge that each of them has sufficient property to provide for his or her reasonable needs and that each of them are able to support him or herself through appropriate employment. Therefore, notwithstanding anything to the contrary contained in Pennsylvania law including, without limitation, the Divorce Code, aa' amended, as of the earlier of the date of entry of a Decree in Divorce and thirty (30) days after the date of execution of this Agreement, Wife and Husband Page 6 (d) (e) expressly release, remise and discharge the other Party from any and all obligations and duties owed by one Party to the other, and Wife and Husband expressly relinquish, extinguish and waive any and all right(s) or claim(s) which she or he has, had, may have, might have had, or might now or hereafter have to alimony, alimony pendente lite, support, maintenance and/or any other benefit or benefits of a like or similar nature that result from or arise out of any asserted need or from or as a result of the Parties' status as Husband and Wife or as former Husband and former Wife. Effective Date of Release and Waiver. Husband and Wife agree that the release and waivers provided-for in the foregoing paragraph 10(c) shall be effective on the earlier of the date of entry of a Divorce Decree and thirty (30) days after the date of execution of this Agreement. Withdrawal of Su¢l~ort Action. Wife shall withdraw or cause to be withdrawn her Complaint in Support, and Wife shall close or cause to be closed, effective on the earlier of the date of entry ora Divorce Decree and thirty (30) days after the date of execution of this Agreement, the support action docketed to No. 00009 DR 2002, PACSES Case No. 250104142, Fayette County, Pennsylvania Court of Common Pleas, Domestic Relations Section. Husband and Wife stipulate and agree that the execution of this Agreement by Wife shall work a withdrawal of Wife's Complaint in Support in the aforementioned docket effective as set forth herein above. Husband's Payment of Wife's Medical Exr>enses. Husband acknowledges that the Order for Support dated June 19, 2002 requires him to reimburse Wife for her otherwise-unreimbursed medical expenses in the amount of fifty percent (50%) of the unreimbursed medical expenses that exceed $250.00 annually. Husband acknowledges further that the said obligation will continue until the earlier of the date of entry of a Divorce Decree and thirty (30) days after the date of execution of this Agreement. Husband agrees that, Page 7 without further demand, he will reimburse Wife for his portion of said expenses within thirty (30) days of his receipt of proof of said expenses from Wife. 11. Credit. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement that provide for joint liability. From the date of execution of this Agreement, each Party shall use only those credit cards and accounts for which that Party is individually liable. 12. Counsel Fees. Except as otherwise provided for in this Agreement, each Party shall be responsible for his or her own legal fees and expenses. 13. Warranty as to Existing and Future Obligations. During the course of the marriage, Wife and Husband have incurred certain liabilities, Each Party represents, covenants and warrants that, to the best of his or her knowledge, and except as specifically otherwise provided for by the terms of this Agreement, as of the date of execution of this Agreement: a) no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other Party may be deemed liable; b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife of affecting any jointly held properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, nor is Husband or Wife aware of any facts which to his or her knowledge might result in such action, suit or proceeding; c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the Party who incurred that debt shall exonerate and indemnify the other Party against and hold the other Party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and d) he or she shall not incur any liability whatsoever in the future for which the other Party or the estate of the other Party may be liable, and shall exonerate and indemnify the other Party against and hold the other Party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other Party. 14. Release of Testamentary Claims. Except as specifically provided for in this Agreement, the Parties hereby mutually waive and release to the other any right to: Page 8 (a) inherit from the other any part of the estate of the other at his or her death; (b) receive property from the estate of the other by bequest or devise, except under a Will or Codicil dated subsequent to the effective date of this Agreement; (c) act as a personal representative of the estate of the other on intestacy; (d) act as executor under the Will of the other, unless nominated by a Will or Codicil dated subsequent to the effective date of this Agreement. 15. Execution of Other Documents. Each of the Parties shall on demand execute and deliver any document and do any act or thing 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, the Party refusing to execute or deliver the demanded document(s) shall pay to the other Party all attorney fees, costs, and other expenses reasonably incurred as a result of the failure. 16. Waiver or Modification to be in Writing. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties. 17. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such Party to enforce those terms in the future. 18. Remedies in the Event of Breach. In the event ora breach of any of the provisions of this Agreement by one of the Parties, the remedies available to the non- breaching Party shalI be cumulative and shall include all remedies at law and in equity, including those for breach of contract, tort, under theories of equity, under the Divorce Code, as amended, and shall not be limited to those remedies specifically referred to in this Agreement. In the event either Party breaches any provision of this Agreement, the breaching Party shall exonerate and indemnify the non-breaching Party and hold the non- breaching Party harmless for all losses resulting from the breach, including, but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. Page 9 19. Integration. Except as set forth in this Agreement, this Agreement constitutes the entire understanding of the Parties and supersedes any and all prior agreements and negotiations between them. There are no other express or implied, oral or written representations, terms, covenants, conditions, agreements or warranties, of any nature whatsoever, other than those expressly set forth in this Agreement. 20. Severability. If any provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. The failure of a Party to meet her or his obligations under any provision of this Agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the Parties. 21. Agreement Binding on Heirs. The terms, provisions and conditions of this Agreement shall be binding upon any and shall inure to the benefit of the heirs, executors, administrators, successors or assigns of either of the respective Parties hereto, except as otherwise herein provided. 22. Death Prior to Divorce. This Agreement shall remain in full force and effect even if one of the Parties dies prior to the date of entry of a final decree in divorce. 23. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. Headings Not Part of Agreement. Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference~ shall not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 25. Contract Interpretation. For purposes of contract interpretation and for the purpose of resolving any ambiguity in this Agreement, Husband and Wife agree that this Agreement was prepared by the joint efforts of the respective Parties. 26. Address of Parties. As long as any obligations remain to be performed under this Agreement, each Party shall have the affirmative obligation to keep the other Party informed of his or her residence address, and shall promptly notify the other in writing of any change of address. Page 10 27, Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and which together shall constitute one and the same instrument. 1N WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above. Witness Kresta Lyn French-Fedor COMMONWEALTH OF PENNSYLVANIA : couNTY lXtqg' · On this, the {~-'~" day of ~[~~, t~O~ ,,beforqme, a Notary Public for the Commonwealth of gennsylvatfia,~siding rn the County of _ , personally appeared Ryan J. Fedor, known to me to be the person whh~ name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. On this, the / Xl~f , , before me, a Notary Public fbr the Commonwealth of}rem ~'lv~nia, residing in the County of , personally appeared ~esta Lyn Fl~nch-Fedor, known to me to be the person whose name is subscribed to the within Agre, ltlnent and acknowledged that she executed the same for the purposes therein contained. IN WITN~HEREOF, I have ~f~ hand and official seal. 'N~Notary Public Page 11 STATE OF WEST VIRGINIA: SS. On this, the .~.~' day o~, .~')~> ,,before me, a No. ta.ry Public for the State of West V~rglnmr-~a, residing in the'" ~'" County of ~ ~ , personally appeared Kresta Lyn French-Fedor, known to me to bethe pe/~n whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. RYAN FEDOR, PLAINTIFF V. KRESTA LYN FRENCH-FEDOR, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 02-1381 CIVIL TERM : : CIVIL ACTION -- LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and Section 3301 (d) of the Divorce Code was filed on March 20, 2002. 2. The marriage between plaintiff and defendant is irretrievably broken. 3. Defendant, Kresta Lyn French-Fedor was served a true and correct copy of the Complaint on March 22, 2002. 4. Ninety days (90) have elapsed from the date of filing and service of the Complaint. 5. 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. Section 4904 relating to unsworn falsification to authorities. Date: Kresta Lyn French-Fedor (Defendant) RYANFEDOR, PLAINTIFF V. KRESTA LYN FRENCH-FEDOR, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 02-1381 CIVIL TERM : : CIVIL ACTION -- LAW : IN DIVORCE DEFENDANTS WAIVER OF NOTICE OF INTENTION TO REQUEST 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, attorney's fees and expenses ifI do not claim them before a divorce is granted. 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: Kresta Lyn French-Fedor (Defendant) RYAN FEDOR, PLAINTIFF V. KRESTA LYN FRENCH-FEDOR, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 02-1381 CIVIL TERM : : 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 the entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: March 22, 2002, via Certified United States Mail, return receipt requested. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the plaintiff August 27, 2003; by the defendant on September 22, 2003. Related claims pending: Property Distribution. The parties have agreed to distribute marital property in accordance with the Marital Settlement and Property Distribution Agreement filed in this Docket on September 29, 2003. The parties intend that the Court will incorporate the Agreement into a Decree of Divorce. Please transmit the Agreement to the Court for this purpose. Date plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: August 28, 2003. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 29, 2003. Richard C. Gaffney, ~ Smigel, Anderson, & Sacks 4431 North Front Street Harrisburg, PA 17110 (717) 234.2401 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS RYAN F'~UOR P~FF OF CUMBERLAND COUNTY STATE OF ~. PENNA. NO. 02-1381 - CML VERSUS KRESTA LYN FR~NC~-~uOR DECREE IN DIVORCE AND NOW, DECREED THAT AND ~,'~ I ,2oo3 RYAN ~'~3OR KI%ESTA LYN FR~NC~-FEDOR , IT IS ORDERED AND ,PLAINTIFF, ,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; BY THE Court: A ~ ~ /~~P ~TH O N OTA RY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN FEDOR, CIVIL ACTION LAW Plaintiff VS. KRESTA LYN FRENCH-FEDOR, Defendant File No. NOTICE TO RESUME PRIOR SURNAME Notice i~ above matter, ha 1st day of prior surname o~ this written no~ DATE: October 2~ COMMONWEALTH OF COUNTY OF FAYET7 On the Notary Public, be the person acknowledged tha therein containe 02-1381 - CIVIL IN DIVORCE In Withes Whereof, seal. ...... day of October 2003 , before me, a mrsonally appeared the above affiant known to me to ~se name is subscribed to t~Le within document and he/she executed the foregoing for the purpose provisions of 54 P.S. S 704. -- SignatureTM Signature {~f ~ame being resumed SS. have here6nto set my hand and official NOTARIAL SEAL DONNA ZINN, NOTARY PUBLIC CiTY OF UNIONTWON, FAY£TTE COUNTY MY COMMI8810~I E)~RE$ J~:~IL 22, PENNSYLVANIA: ice pursuant to the 2003 hereby given that the ~/Defendant in the ring been granted a Final Decree in Divorce on the October, 2003 hereby elects to resume the French , and gives