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HomeMy WebLinkAbout02-2308,NIFER ROBYN GROSS, Plaintiff VS. JASON HOWARD GROSS, Defendant * IN THE coURT OF COMMON pLEAS . cuMBERLAND couNTY, pENNSYLVANIA * 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 iisi of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 {717) 249-3166 JENNIFER ROBYN GROSS, Plaintiff VS. JASON HOWARD GROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is, Jennifer Gross, who currently resides at 259 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is, Jason Gross, who currently resides at 2239 North 2nd Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on August 11, 1996. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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 ~n counseling. 8. Plaintiff avers that there are no children of the parties under the age of eighteen. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. 1 2. The reference thereto. 13, 14. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE prior paragraphs of this Complaint are incorporated herein by The marriage of the Parties is irretrievably broken. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 17. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 20. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 21. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: BY:JENI~F-"ER L. FREC_/-IETTE, ESQUIRE 265(~ North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #87445 ATTORNEY FOR PLAINTIFF VERIFICATION I, Jennifer R. Gross, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 5- 7' O~ ~'~"'"~-'~ nifer/Gross JENNIFER ROBYN GROSS, Plaintiff JASON HOWARD GROSS, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 02-2308 , * CIVIL ACTION - LAW * IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ' SS. COUNTY OF DAUPHIN : AND NOW, this 29th day of May, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on May 17, 2002, she mailed a certified copy Complaint in Divorce, by certified mail, return receipt requested, to Jason H. Gross, Defendant, 2239 North Second Street, Harrisburg, PA 17110, and the same was received by him on May 22, 2002 as indicated by the return receipt card which is attached hereto. Wendy~)/Shive Sworn to aa(J_subscribed before me on this ~(~4rlday of ~ 2002. Notary Public I Notarial Seal I MiSty D. Lehman, Notar~ Public Harrisburg, Dauphin county My Commission Expires Aug. 2, 2004 · ,2, afld 3. Also cemplete · Print your name and address on the reverse lo that we can return the card to you. · Attach this card to the back of the mailpiecel~ 1..~4'ticle AdcIms~d to: y .ddml!m d~amflt from i~wn 17 Ye~ ffYES, enter delivery address below: [] Insured Ma~ C.O.D, ' JENNIFER ROBYN GROSS, Plaintiff VS. JASON HOWARD GROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2308 CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2.~ ~ day of ~_..c/, 2002, by and between Jason Howard Gross, hereinafter referred to as "Husband", and Jennifer Robyn Gross, hereinafter referred to as "Wife". and WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 11, 1996; WHEREAS, certain differences arose between the parties as a result of which they separated on March 6, 2002, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property dghts and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all madtal property; and a resolution of all mutual responsibilities and rights growing out of the mardage relationship any provisions of pdor agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: (Initials) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since March 6, 2002, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since March 6, 2002, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred pdor to the signing of this agreement, except as follows: iials) ~/~ (Initials) PERSON(S) NOW DESCRIPTION AMOUNT RESPONSIBLE A. Waypoint Bank Mortgage $60,000 W & H B. MBNA Credit Card $ 0 W C. A'l-r Universal Card $ 0 W D. Fleet Credit Card ??? H E. MBNA Credit Card ??? H F. PSECU Visa ??? H G. PSECU auto loan $7,500 H The parties agree that Wife shall hereafter be responsible for paying debts A through C above and Husband shall be responsible for paying debts D through G. Each party agrees to pay the outstanding joint debts as allocated and further agrees to indemnify and save harmless the other from any liability for such debts or obligations. In the event that either party contracted or incurred any debts, other than those specifically identified herein since March 6, 2002, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her dght to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their madtal property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, dghts or demands whatsoever in law or ~~, nitials) 3 ~/~ ~ (Initials) equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divome and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request madtal counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION: A. Husband agrees to transfer to Wife immediately upon signing of this ^greement, all of his interest in and title to their jointly owned real estate at 259 E. Louther Street, Carlisle, Cumberland County, Pennsylvania subject to the mortgage of approximately Sixty Thousand ($60,000) Dollars given to Waypoint Bank, in exchange for which Wife agrees to be solely responsible for the timely payment of all future mortgage payments (including principal and interest), taxes, insurances and utility bills relative to said real estate. Wife covenants and agrees to pay and discharge the existing mortgage obligations on said premises and agrees to indemnify Husband from any loss by reason of any default in payment and agrees to save Husband harmless from any future liability with regard thereto. (1) On the date of the execution of this Agreement, Husband shall deliver to Wife a deed to be prepared by Wife's counsel transferring and conveying to Wife all of his right, title, claim and interest in and to the real estate located at 259 E. Louther Street, Carlisle, Cumberland County, Pennsylvania. Thereafter, Wife shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that she deems appropriate. (2) Husband agrees that upon the execution of the deed, Wife shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. (3) Commencing on the date of execution of this ^greement, Wife shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the madtal residence, including, but not limited to, all real estate Uals) (Initials) taxes, water and sewer rents, gas, electdc and telephone service, and homeowner's insurance, without regard to when bills for such items are incurred, received or due, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held ha,bless from any liability, cost or expenses, including attorneys' fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the madtal residence. (4) Wife shall indemnify and hold Husband harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Wife including, but not limited to, the mortgage, property taxes, and insurance with respect to the aforesaid premises, and in the event that Wife should die and, at that time, there should remain any outstanding balance on the mortgage, it shall be Wife's estate's obligation to promptly satisfy the mortgage. (5) Should Husband purchase a new residence, Wife shall cooperate by providing or signing any necessary documents required by Husband's new mortgage company or financial institution verifying Wife's sole liability on the mortgage on 259 E. Louther Street, Carlisle, Cumberland County, Pennsylvania and that she will indemnify Husband from liability on said mortgage. B. Contents of Wife's Residence: Husband relinquishes his dght, title, claim and interest in and to the fumiture, fixtures, goods, appliances, equipment and personal items in the possession of Wife, with the exception of those personal items he will be stodng at the upstairs of the residence. Husband shall remove from Wife's residence the following items at a time mutually convenient and reasonable for Husband and Wife: ~((Initials) Two dressers purchased by Husband's parents Toshiba VCR PC/Printer/Monitor/computer desk and chair/computer speakers (Initials) Reloading press and related equipment and supplies Beverage refrigerator (gift from Husband's parents) One Couch Antique Desk in living room and chair Green Phico Chairs Green Iron Bookcase One or more bookcase which did not belong to Wife's relatives Wife will pay Husband $400 as compensation for a bed and $100 for the Pioneer 101-CD player upon execution of this Agreement. C. Contents of Husband's Residence: Wife relinquishes her dght, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Husband. Dm Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) (2) (3) Wife shall retain the 1996 Saturn SLI. Husband shall retain the 1997 VW Jetta. All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. Individual Retirement Accounts, Pensions And Employment Benefits: Each party shall retain sole ownership and control of their own IRA's, Pensions and Employment benefits. Specifically, Wife shall retain her Amedcan Express 403b and Husband shall retain his PA SERS. Initials) x ~J'~(Initials) F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be te-,inated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. G. Mutual Funds: Each party shall retain sole ownership and control of any mutual funds or other investments they currently own. H. Pets: Wife shall retain ownership, possession and control of the parties' pets. Wife agrees to allow Husband to visit with the pets upon reasonable notice to Wife and Wife's approval of the place, time and duration of such visitation. I. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property 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. J. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property 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. (Initials) K. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the 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. L. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party. Wife acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the (Initials) - ~ ~(Initials) instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any dght to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of madtal property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any dght to seek from the Wife any payment for support or alimony. 10. HEAL TH INSURANCE: Husband agrees to continue to provide and pay for Wife's medical and hospitalization coverage until entry of a final decree in divorce. Thereafter via COBRA, for eighteen (18) or thirty-six (36) months following the entry of a final Decree in Divorce, additional health care coverage including dental may be obtained at the sole cost of Wife. Any payments for health insurance will not be considered alimony and are not included with the income of the Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and not deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Intemal Revenue Code of 1954. Husband will provide Wife with COBRA costs and information within ten (10) days of the execution of this Agreement. lals) 9 (Initials) 11. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, dudng and after the commencement of the proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: 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 ha..less the other from and against any loss or liability for any such tax deficiency or assessment and 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 responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties shall file separately in 2002 and thereafter. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all dghts he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the madtal relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, dght to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, ~~~(Initials) 10 (Initials) execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICA TED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenfomeability as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Wife at her cost by her counsel has filed an action for divome under Section 3301(c) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consent and Waivers of Notice to enable counsel for Wife to proceed with a no-fault divorce as soon as possible, providing Husband with a duplicate decree. als) ll (Initials) The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 16. Get (Jewish Divorce) Husband has taken or will take pdor to the entry of a Final Decree in Divorce, all steps solely within his power to remove any barder to Wife's remarriage following the divorce, including obtaining and delivering a Get (Jewish Divorce). 17. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the dght at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her dghts under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her dghts under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each 12 (Initials) shall waive any dght to a jury tdal so as to expedite the headng and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attomey's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attomey's fees and costs of litigation. It is the specific agreement and intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her dghts under this Agreement. 18. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been fumished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. tials) 13 (Initials) 20. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.$.A. Section 3501 et. seq~ or any other, laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enfoming the provisions of this Agreement. 21. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of ail assets of any nature whatsoever in which either party has an interest, the soumes and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 22. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. ials) 14 ~(~]~ (Initials) PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed pdor to the date and time of this Agreement are null and void and have no effect. 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. 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. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above wdtten. s .' Jen~ (SEAL) 15 COMMONWEALTH OF PENNSYLVANIA SS. BEFORE ME, the undersigned authority, on this ~)~ day of \'~_ x~X.~_ ,2002, personally appeared Jason H. Gross, known to me to be the personwhc~ executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. \. ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ay of ,2002. I COMMONWEALTH OF PENNSYLVANIA cou. . BEFORE ME, the undersigned Nota'ry Publi(~ in End for the Commonwealth of Pennsylvania Notarial Seal Misty D. Lehman, Notary Public Harrisburg Dauphin County My Comm salon Expires Aug. 2, 2004 SS. Jj_~L~ ,2002, personally appeared Jennifer R. Gross, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. ~.. ~, , GIVEN UNDERMYHANDANDSEAL OF OFFICETHIS,~_~__dayof ~_~-~ ,2002. authority, on this ~'/~ day of Notary Public in an~for the Commonwealth of Pennsylvania Notarial Seal Misty D. Lehman, Notary Public Ha~sburg, Dauphin County My Commission Expires Aug, 2, 2004 JENNIFER ROBYN GROSS, Plaintiff VS. JASON HOWARD GROSS, Defendant * IN THE COURTOF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 02-2308 * CIVIL ACTION - LAW * IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 10, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in 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: ~'-,,2~- 0 ~.-- (~r~n-ifer I~. Gross, Plaintiff JENNIFER ROBYN GROSS, Plaintiff VS. JASON HOWARD GROSS, Defendant * IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA * NO. 02-2308 * CIVIL ACTION - LAW * IN DIVORCE 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, 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. Section 4904 relating to unsworn falsification to authorities. Date: 3- ~D'O .3_ (~e~ros~, ~A Plaintiff ' JENNIFER ROBYN GROSS, Plaintiff VS. JASON HOWARD GROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2308 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 10, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in 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: JENNIFER ROBYN GROSS, Plaintiff VS. JASON HOWARD GROSS, Defendant * IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA * NO. 02-2308 * CIVIL ACTION - LAW * IN DIVORCE 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, 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. Section 4904 relating to unsworn falsification to authorities. Date: ~son H. GrosSl Dc~fendant ~- JENNIFER ROBYN GROSS, Plaintiff VS, JASON HOWARD GROSS, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 02-2308 * CIVIL ACTION. LAW * IN 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. Ground for divorce: irretrievable breakdown under Section 3301(c)of the Divorce Code. 2. Date and manner of service of the complaint: May 22, 2002 via Certified Mail, Restricted Delivery. Affidavit of Service was filed on May 30, 2002. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: August 22, 2002; by defendant: August 22, 2002. 4. Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: by plaintiff: executed August 22, 2002; filed simultaneously with this praecipe; by defendant: executed August 22, 2002; filed simultaneously with this praecipe. 5. Related claims pending: None. 6. Plaintiff and Defendant have signed a Marital Settlement Agreement dated July 30, 2002. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301(c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1) and to incorporate the terms of the Marital Settlement Agreement in accordance with Section 301(a)(1) and (4) and 401(b) of the Divorce Code. / J&nnifl Attorm I_~ F~c-hette, Esquire for Plaintiff JENNIFER ROBYN GROSS iNTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. PLATNTTFF VERSUS JASON HOWARD GROSS DEFENDANT NO. 02-2308 DECREE IN Divorce AND NOW,~ , IT IS ORDERED AND DECREED THAT JENNIFER ROBYN GROS~ , PLAINTIFF, AND JASON HOWARD GROSS , 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; NONE. The Marital Settlement A~reement, dated July 30, 2002, is incorporated herein by reference but is not mersed into ~to tj~s Decx~ ATTEST: ~/~ j. / ~- . Ui~ROTHONOTARY LINDA SUSAN CHITTUM, Plaintiff Vo JAMES HARRY CHITTUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2443 Civil Term Civil Action - In Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 17, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the 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 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Linda Susan Chittum LINDA SUSAN CHITTUM, Plaintiff JAMES HARRY CHITTUM, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2443 Civil Term · Civil Action - In Divorce 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, 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.A. Section 4904, relating to unsworn falsification to authorities. Linda Su~,a~ Chittum LINDA SUSAN CHITTUM, Plaintiff V, JAMES HARRY CHITTUM, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2443 Civil Term 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 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. Complaint. Defendant : Civil Action - In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 17, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: James Harr~hittum LINDA SUSAN CHITTUM, Plaintiff JAMES HARRY CHITTUM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2443 Civil Term : Civil Action - In Divorce 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, 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.A. Section 4904, relating to unsworn falsification to authorities. J~s Harry CI~~m-~~-''~ James Pennsylvania ("Husband"), and Linda Susan Chittum Cumberland, Cumberland County, Pennsylvania ("Wife") MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~J ~ day of August, 2002, by and between Harry Chittum of 919 Alison Avenue, Mechanicsburg, Cumberland County, of 1008 Allen Street, New on May4, 1964. B. Recitals: The parties hereto, being Husband and Wife, were lawfully marded Differences have adsen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their dghts and duties or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: Recitals. The Recitals set forth above are incorporated herein by reference. 2. Divome. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania at Docket No. 02-2443. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. § 3301 of the Divorce Code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Marital Property. (a) Personal Property. Husband and Wife acknowledge that they currently have in their possession their separate and distinct personal property. Wife will have reasonable access to the marital home for removal of additional personal property until (b) (c) December 31, 2002, or upon sixty (60) days' notice of sale of the madtal home, whichever shall first occur. After such time, all other property, madtal or non-marital, currently existing in the residence located at 919 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania, shall become the property of Husband. Wife hereby relinquishes all dght, title and interest in all other madtal and non-marital personal property located at the marital residence. Retirement, Pension, 401-K Plan. Husband and Wife hereby relinquish all right, title and interest in the other's retirement funds, pension benefits, deferred compensation, or any other employee benefit. Real Property. Husband and Wife are joint owners of certain real property, consisting of the property and improvements situated thereon, located at 919 Alison Avenue, ' Mechanicsburg, Cumberland County, Pennsylvania. Wife hereby relinquishes all right, title and interest in this property. Wife agrees to execute all documents necessary to convey, transfer or encumber the real property as is reasonably required by Husband including, but not limited to, deeds, mortgages or agreements of sale. Husband agrees that he will take all reasonable and necessary actions to remove Wife from the deed as well as any mortgage and/or mortgage note encumbering the real property; however, he shall not be obligated to remove her from such note or mortgage until December 31, 2002. Husband agrees that he is solely responsible for all mortgage payments, as well as all utilities or other costs or assessments which arise after May 10, 2002. Husband hereby expressly agrees to indemnify, defend and hold harmless Wife from any and all liability, direct or indirect, including attorney's fees and costs, which may arise in connection with their obligation, joint or otherwise, for which he has agreed, hereunder to bear sole responsibility. Additionally, Wife is the owner of certain real property, consisting of the property and improvements situated thereon, located at 1008 Allen Street, New Cumberland, Cumberland County, Pennsylvania. Husband hereby relinquishes all right, title and interest in this property. Husband agrees to execute all documents necessary to 4 convey, transfer or encumber the real property as is reasonably required by Wife including, but not limited to, deeds, mortgages or agreements of sale. Wife agrees that she is solely responsible for all mortgage payments, if any, as well as all utilities or other costs or assessments which arise after the date of this Agreement. Wife hereby expressly agrees to indemnify, defend and hold harmless Husband from any and all liability, direct or indirect, including attomey's fees and costs, which may adse in connection with their obligation, joint or otherwise, for which she has agreed hereunder to bear sole responsibility. (d) Bank .Accounts. Husband shall become the sole owner of savings accounts numbered 001 019 1569, 001 017 5051, and 001 017 2 990 with Waypoint Bank. Wife hereby relinquishes all right, title and interest in these accounts. Wife shall become sole owner of all checking accounts, savings accounts, stocks, and money market accounts solely in her name as of May 10, 2002, and any funds received by virtue of inheritance. Husband hereby relinquishes all right, title and interest in these accounts. Debts and Obli,qations. (a) Individual debts/obli,qations. Each party hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. (b) Joint debts/obli.qations. Husband and Wife represent that there are certain debts or other debts incurred by either of them currently outstanding. The parties agree to allocate and be responsible for such debts as set forth in Exhibit A attached and incorporated fully herein. Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, includi~ng attorneys' fees and costs, which may adse in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 6 5. Bankruptcy. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the ' provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 6. Legal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 7. Automobiles. Upon execution hereof, the parties agree that the 1986 Honda Civic shall become the sole free and clear property of Wife, and that Wife shall insure and assume all liability therefor except as otherwise set forth herein. Husband waives any right, title or interest he may have in and to said automobile and 7 shall promptly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to him. Wife agrees to waive any dgh{, title or interest she may have in and to a 1996 Honda Civic which Husband may own individually or jointly with Wife, and Wife shall promptly execute any title or transfer documents if necessary to fulfill this provision. Each party shall, after execution hereof, maintain their own automobile insurance in their separate names. 8. Other Writinqs. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 8 9. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 10. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all dghts, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in. the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other 9 party's estate, all unless specified to the contrary herein or in a subsequent wdting signed by the parties hereto. 11. Tax Return. Each party shall be solely liable for any tax liability from 2002 forward and each shall indemnify, defend and hold the other harmless from and against any such liability for tax years commencing in 2002 and thereafter. As to all tax years prior to 2002, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Intemal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the person who failed to disclose such income or who'inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the like which may be thereafter assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including reasonable attorney's fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. Husband and'Wife shall deliver documents regarding past tax filings to one another upon the request of either party. 10 12. Medical/Health Insurance. Husband agrees to continue medical insurance through his employer until such date as a divorce is granted to the parties hereto. All contact information regarding options available to Wife through COBRA have been disclosed to her by Husband. 13. Entire A,qreement. understanding between the parties, This ^greement constitutes the entire and there are no covenants, conditions, representations or agreements, oral or wdtten, of any nature whatsoever, other than those herein contained. 14. Le,qall¥ Bindin.q. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 15. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entedng into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the 11 other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. 16. Costs to Enforce. In the event that either party defaults in the perfo~-i¥,ance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 17. ARreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the dghts and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having bee~n advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and 12 (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 18. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 19. Applicable Law. This Agreement shall be govemed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 20. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an odginal and when combined represents the legal binding intent of the parties hereto. 13 21. Sevembility. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: W HUSBAND: J~s Harry Chitt~um WIFE: Linda Susan Chittum 14 COMMONWEALTH OF PENNSYLVANIA · SS.: COUNTY OF CUMBERLAND On this, the __~ day of August, 2002, a Notary Public, the undersigned officer, personally appeared James Harry Chittum, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. NOTARIAL SEAL JOHN R. FENSTERMACHER, No~a,/FM:lic Mechantcstx~ ao~o., C.,um~and Ca~ I~ Commission Expires Ju~e 1, 2006 IN WITNESS WHEREOF, I hereunto set my hand and official seal. Expires: %SEAL) COMMONWEALTH OF PENNSYLVANIA : SS.: COUNTY OF CUMBERLAND On this, the ?_[ day of ~:~2002, a Notary Public, the undersigned officer, personally appeared Linda ,~Susan Chittum, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. NOTARIAL SEAL JOHN~~u~ "=a~ "~'~ltY IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~y/Commission Expires: (SEAL) 15 EXHIBIT 'A' Husband shall assume sole responsibility for the following debts as of May 10, 2002: 1. Personal loan from US Bank with a balance of approximately $16,000; 2. Loan with Allfirst Bank with a balance of approximately $6,470.00, secured by title to his 1996 Honda Civic; and 3. Mortgage with Wells Fargo with a balance of approximately $28,615.00, secured by real estate situate at 919 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania. LINDA SUSAN CHITTUM, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2443 Civil Term JAMES HARRY CHITTUM, Defendant Civil Action - In 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: Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code 2~ Date and manner of service of the complaint: Certified mail on May 25, 2002; Affidavit of Service copy attached hereto. Date of execution of the affidavit of consent required by {}3301 (c) of the Divorce Code: by plaintiff August 21, 2002; by defendant August 21, 2002 Related claims pending: None. All related claims resolved pursuant to Matrimonial Settlement Agreement, dated August 21, 2002, attached hereto. Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Filed herewith Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Filed herewith '~~nstermacher ~ Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Defendant IN THE COURT OF CUMBERLAND STATE OF ~ OF COMMON PLEAS COUNTY PENNA. LIN-DA SUSAN CHITTUM Plaintiff Versus ..... ~7~._.~._~!~%_~..., ................................... ...................................... Defendan~ ................ N o ........ 2.4..43 ........ .................. ~ 2002 DECREE IN decreed that .. ond ....J~. ~rr~. oh~.~ ........................ . ........... de}endont ore divot=ed }rom *he bond~ o~ The court retains jurisdiction of the following claims which have been raised of record in this action tar which a final order has not yet been entered; ....... ~. ~tX~o~l: .S.~~ Ag~nt .dated .August .21~ .2002 .is ..... , .. ~ozp.oz~tgA k~.a~ .b.y..r.~f. ar.~a .........................................