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HomeMy WebLinkAbout06-3204v MITCHELL P. SMITH, Plaintiff, VS. BROOKE A. SMITH, Defendant IN THE COURT OF OMMON PLEAS OF : CUMBERLAND CO NTY,, PENNSYLVANIA NO. b(??,?a l'1aJ CIVIL ACTION - LAW : IN DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to de forth in the following pages, you must take action. You are warned t case may proceed without you and a decree of divorce or annulmen' the Court. A judgment may also be entered against you for any other these papers by the Plaintiff. You may lose money or property or of, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable you may request marriage counseling. A list of marriage counselors the Prothonotary, Cumberland County Courthouse, One Cot Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DII LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY O YOU SHOULD TAKE THIS PAPER TO YOUR LAW1 DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, ( THE OFFICE SET FORTH BELOW TO FIND OUT WHERE HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Associa 32 South Bedford Street end against the claims set at, if you fail to do so, the be entered against you by ;laim or relief requested in er rights important to you, akdown of the marriage, available in the Office of louse Square, Carlisle, SION OF PROPERTY, OR ANNULMENT IS THEM. t AT ONCE. IF YOU TO OR TELEPHONE )U CAN GET LEGAL Carlisle, PA 17013 Telephone (800)-990-9108 MITCHELL P. SMITH, Plaintiff, VS. BROOKE A. SMITH, Defendant : IN THE COURT OF?COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. I CIVIL ACTION - LAW IN DIVORCE USTED HA SIDO DEMANDADO EN LA CORTE. Si des a defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud, se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anul miento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en u contra por caulquier otra queja o compensacion eclamados por el demandante. Usted pued perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de nsejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland Coun , One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PR PIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE UE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, UST D PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO D INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O L E A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OB ER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800)-990-9108 MITCHELL P. SMITH, : IN THE COURT OFICOMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. d? - J Z6 BROOKE A. SMITH, : CIVIL ACTION - W Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Mitchell P. Smith, by and thr ugh his counsel, Linda A. Clotfelter, who files this Complaint in Divorce and in support thereof Mates the following: 1. Plaintiff is Mitchell P. Smith, (hereinafter "Plaintiff" an adult individual who resides at 620 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Brooke A. Smith, (hereinafter "Defenda? t"), adult individual who resides at 620 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. COUNTI 3. Paragraphs 1 and 2 are incorporated herein by reference as if fully set forth. 4. Plaintiff has been a bona fide resident of the Common ealth of Pennsylvania for at least six (6) months immediately previous to the filing of this divorc? Complaint. 5. Plaintiff and Defendant were married on April 17, 2004 in Bloomsburg, Columbia County, Pennsylvania. 6. The parties have been separate and apart within the me ning of the Pennsylvania Domestic Relations Code since May 25, 2006. 7. There are no pending divorce proceedings upon the filin date of this Complaint. 8. Defendant is not a member of the armed forces of th? United States or any of its i allies. 9. Plaintiff avers that the marriage is irretrievably broken 10. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to particip$te in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court lenter a Decree of Divorce and grant such other relief as this Court deems just and proper. j I COUNT 11 EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of this Complaint are incorpora ed herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Se?tions 3501 et.se . of the Divorce Code of 1980. 13. Plaintiff and Defendant have been unable to amicably ?gree upon the equitable distribution of the marital property. WHEREFORE, Plaintiff respectfully requests that this Honor4le Court enter a decree for divorce; enter an order of court equitably distribute all marital property owned by the parties; and grant such other relief as this Court deems just and proper. Date: ('e/A/06 Respectfully submitted, MITCHELL P. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. BROOKE A. SMITH, Defendant NO. : CIVIL ACTION - : IN DIVORCE VERIFICATION I, MITCHELL P. SMITH, verify that the statements in the DIVORCE are true and correct to the best of my knowledge, understand that false statements herein are made subject to the relating to unswom falsification to authorities. Date: 06-02 -ob COMPLAINT IN and belief. I of 18 Pa. C.S. § 4904, MITCHELL c T Y- l }c: !1 L? r MITCHELL P. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA Vs. :NO. 0 to -3AD'f BROOKE A. SMITH, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Mitchell P. Smith, do hereby affirm that set forth below is the original return receipt of the Complaint for Divorce that was sent to Defendant by Certified Mail, Restricted Delivery, Return Receipt Requested, which appears to contain the signature of Defendant, Brooke A. Smith, indicating that Defendant received same on June 10, 2006. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. §4904 relating to unswom falsification to authorities. ¦ Complets Item 1, 2, and 3. Also complete Item 4 R Restricted Dellvery Is deeired. ¦ Prtrrt your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the meilpiece, or on the from If space permits. 1. M *Addraeaed to: A. by Delivery D. Is Ml my address dlrennt hom Rem 1? 1 u Y00 R YES, Amer delivery address below. O No rw r r'kM UL 1 T r ! {u `3 Y'?k:srtllktl Mall 0 Bps" mall JI ?Rapbterod 0 ROWm Mcelptfor MWONMCbe O insured Mae O O.O.D. 4. PAWldod DaWwy? (81164 Fief YM 2 Ar0cle Number ma aar6omasrvkokw* 7001 2510- 0003 4439 8355 R*M ?;. FMbru'rrg.?Ql !! f, cFWWm Reoelpt r^^°42"ts4s Respectfully submitted, Dated: 15 D LAW OFFICE OF LINDA A. CLOTFELTER Li A. Clotfelter, Esquire Att mey ID No. 72963 1 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff MITCHELL P. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. DitjA04 BROOKE A. SMITH, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 14th day of June, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing parry by way of United States first class mail, postage prepaid, addressed as follows: Brooke A. Smith 620 Hummel Avenue Lemoyne, PA 17043 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire orney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff l jl 2 Ir _ cn l i y" ', '.. ao w 74. 6 G - 3-)-6y' MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN BROOKE A. SMITH AND MITCHELL P. SMITH John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Brooke A. Smith Linda A. Clotfelter, Esquire Law Firm of Linda A. Clotfelter 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 796-1930 Counsel for Mitchell P. Smith MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this _&I" day of , 2006 by and between Brooke A. Smith, of Cumberland County, Pennsylvania, and Mitchell P. Smith, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Brooke A. Smith, (hereinafter called "Wife") currently resides at 1001 Hetrick Avenue, Palmyra, Lebanon County, Pennsylvania 17078; WHEREAS, Mitchell P. Smith, (hereinafter called "Husband") currently resides at 620 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043; WHEREAS, the parties hereto are husband and wife, having been lawfully married on April 17, 2004 in Columbia County, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about May 25, 2006; WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not 1 molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Linda A. Clotfelter, Esquire, his counsel, and Wife has secured legal advice from John J. Connelly, Jr., Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law 2 and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband agrees that he has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania. The parties agree that, at the end of the statutory waiting period, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply counsel for Wife with a copy of the Decree. 5. EQUITABLE DISTRIBUTION. 3 A. Real Estate: Prior to the marriage, Husband purchased property situated at 620 Hummel Avenue, Lemoyne, Cumberland County, which served as the marital residence. The parties hereto agree that the increase in value of the residence is marital property subject to equitable distribution. Each party understands that they have the right to have an appraisal done to value the home, which would be done at their own expense; however, each party expressly waives the right to said appraisal. The parties mutually agreed that Husband shall retain sole possession of the residence free of any right, claim, title or interest of Wife. Husband shall assume all liabilities and obligations in connection with the upkeep and maintenance of the property, including but not limited to payment of the real estates taxes, mortgages, assessments and homeowner's insurance. Husband shall indemnify and hold Wife harmless from any and all claims of every kind arising out of or in connection with said property. If necessary, Wife shall execute a deed conveying all her rights, title and interest in and to said real property to Husband. As part of equitable distribution, Husband shall be entitled to all the equity in the home, free and clear of any claim, right, title or interest of Wife. Wife hereby relinquishes any claim, right, title and/or interest that he may have or would have in the residence, as well as any equity therein. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. Wife currently owns and operates a 1998 Nissan Altima, which was purchased prior to the marriage, and is therefore non-marital property. Husband currently operates a 2004 Ford F150 Lariat, which the parties jointly own. The vehicle in Husband possession is encumbered by a loan which has an approximately balance of $26,000.00. 4 The parties hereby agree that each party will keep, as their sole and exclusive property, their respective vehicles currently in their possession, free and clear of any right, title, claim or interest of the other. Husband agrees to refinance the loan pertaining to the vehicle in his possession to remove Wife from the liability. Until Husband secures alternate financing, Husband shall make timely monthly payments on the loan, and will hold Wife harmless of said liability. Each party further agrees that they will cooperate in transferring the titles and insurance of all vehicles to accomplish the purposes of this subparagraph. D. Pension and Retirement Benefits. Husband has a retirement plan through his employer, the Commonwealth of Pennsylvania (Pennsylvania Emergency Management Agency) and a deferred compensation plan which are subject to equitable distribution. Wife acknowledges she has a right to have the pension account and deferred compensation account valued to determine the value of marital property; however, Wife expressly waives her right to do so. Husband shall retain as his sole and exclusive property, his interest in both his pension and deferred compensation retirement plans, free and clear of any right, claim, title, or interest of Wife. Wife hereby agrees to execute any documents necessary to effectuate the purpose of this paragraph. E. Bank Accounts. The parties hereby agree that they have divided to their mutual satisfaction all the monies situated in all bank accounts. Each party agrees that hereinafter, the accounts held in their own names or for the benefit of said party remains their sole and exclusive property, free and clear of any right, claim, title or interest of the other. F. Cash Payment. In consideration of and for Wife's waiver and relinquishment of all rights arising from the martial relationship, Husband shall pay Wife a lump sum of $17,500.00 cash contemporaneous with the signing of this Agreement. The parties agree that this cash disbursement is fair and equitable in exchange for Wife's interest in marital property herein identified, and is therefore equitable distribution, without any tax consequence to either party. G. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the 5 property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Marital Debt. As previously stated, Husband shall assume full responsibility for paying off the loan with Susquehanna Valley Federal Credit Union which has an approximate balance of $26,000.00 for the vehicle in his possession, and shall refinance said loan at the soonest possible time, so that Wife can be removed from the liability. In addition, Wife will assume responsibility for the loans to Wells Fargo and Susquehanna Valley Federal Credit Union for the hot tub in the approximate balance of $4,800.00. Out of the $17,500.00 Wife receives under subparagraph (f) hereof, Wife will payoff the balance due on the hot tub loans. K. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this 6 Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. 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 and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or 7 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. 7. SUPPORT. A. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his 8 and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, 9 costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, 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 testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 10 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Mitchell P. Smith 620 Hummel Avenue Lemoyne, Pennsylvania 17043 and to Wife, if made or addressed to the following: Brooke A. Smith 1001 Hetrick Avenue Palmyra, PA 17078 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania 11 (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 12 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of rooke A. Smith W ESS Mitchell P. Smith 13 their acknowledgments. C? ? G7 ?,? ???,?_, ?? cr cis ? -- r::? rn? r? =?Q - tv .? ' -? ` ?.? ?`.? ? .? -9? ?? -./) -, ? MITCHELL P. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-3204 BROOKE A. SMITH, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 5, 2006. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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:09 //9/Zc)U.6 MITCHELL P. SMITH, Plaintiff C) o p cY c`''?r• -rs '?;?Ea.., t? ?? r} -rnU ? ? l t SV {'''j {? ? 1 `:.. "e7 ?- -r? ° - ? c _ .c MITCHELL P. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-3204 BROOKE A. SMITH, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 5, 2006. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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 unworn falsification to authorities. Date: OOKE A. SMITH, Defendant 0 K ? MM ^T , MITCHELL P. SMITH, Plaintiff, VS. BROOKE A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3204 : 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 unworn falsification to authorities. Date: 0,7117LW04 MITCHELL P. SMITH, Plaintiff C7 ? '? cx? cn . 44 , . tea MITCHELL P. SMITH, Plaintiff, VS. BROOKE A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3204 : 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 unworn falsification to authorities. Date: BROOKE A. SMITH, Defendant ? N r ° C) "TJ ?-? a ati rr. i ? Aj g; J `?' C7T, MITCHELL P. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-3204 BROOKE A. SMITH, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on June 5, 2006. 3. Date and manner of Service of the Complaint: June 10, 2006, by Certified Mail, Return Receipt, Restricted Delivery, as evidenced by the Affidavit of Service filed on June 15, 2006. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on September 19, 2006 and filed on September 22, 2006. The Defendant's Affidavit of Consent was executed on September 14, 2006, and filed on September 22, 2006. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on September 19, 2006, and said waiver was filed on September 22, 2006. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on September 14, 2006, and said waiver was filed on September 22, 2006. 6. There are no related claims pending. The parties resolved the economic issues by written Marital Settlement Agreement dated August 16, 2006, which shall be incorporated but not merged into the divorce decree as per Paragraph 25 on page 13. Respectfully submitted, Date: L'?J- 0 CO LAW FIRM OF LINDA A. CLOTFELTER Linda A. Clotfelter, Esquire ,Aftorney I.D. No. 72963 5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 c/s rr, C_rJ r ' IN THE COURT OF COMMON PLEAS AND NOW, 2006 IT IS ORDERED AND MITCHELL P. SMITH. Plaintiff VERSUS BROOKE A. SMITH, Defendant No. 06-3204 CIVIL DECREE IN DIVORCE DECREED THAT AND OF CUMBERLAND COUNTY STATE OF PENNA. MITCHELL P. SMITH BROOKE A. SMITH ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' Marital Settlement Agreement dated August 16, 2006, shall be incorporated herein but not merged as per paragraph 25 on page 13 of same for the purpose of enforcement. BY THE COURT: ATTEST: J. PROTHONOTARY -112 ze - ? wov IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. 0(p " :5ZO(4 IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURN hS Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in-Divorce elated +Z6-6(o, hereby elects to resume the prior surname of V e! YW\ i Y1O? and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: ?? Zj"U -? gok-4?A ,,????? Signature COMMONWEALTH OF PENN YLVANIA COUNTY OF exL'VZL On the g ttay of Jc4,L?t - . 200, before me, the Prothonotary or the notary public, personally appeared the above affiant known to rye to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or otary Public otoZ'? P S3 aG NOISSM"03 An 3S(KK WI I AlN(i0;? ONVIV38mm 318nm or, AW10N XW10NOHLOW 1V3S WIMON & &- 4, A? I W?P-? Signature of name being sumed ? 4 1 j ?^ iyP_P i t ? _ 2 " w^w? I1