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HomeMy WebLinkAbout06-5808Cindy S. Conley, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rebecca M. Darr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARR, ) Plaintiff ) V. ) ERIC D. DARR, ) Defendant ) NO. 2006- V6 P CIVIL TERM 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARR, Plaintiff V. ERIC D. DARR, Defendant NO. 2006- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Rebecca M. Darr, by and through her counsel, Howett, Kissinger, Conley & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Rebecca M. Darr, an adult individual who currently resides at 572 Meadowcroft Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Eric D. Darr, an adult individual who currently resides at 21 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on August 18, 1990 in Mechanicsburg, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. Y 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The parties have lived separate and apart since on or about June 10, 2006. COUNT I - DIVORCE PURSUANT TO §3301(c or (d) 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. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY AND ALIMONY PENDENTE LITE 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 15. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT IV - COUNSEL FEES EXPENSES AND COSTS OF SUIT 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. Plaintiff has retained an attorney to bring this action and has agreed to pay her a reasonable fee. 18. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 19. Plaintiff is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Plaintiff requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Date: AmA Respectfully submitted, Cindy S. Conley4E, uire HOWETT, KIS RCONLEY OLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rebecca M. Darr VERIFICATION I, Rebecca M. Darr, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: `web cca M. Darr c? W O O O v W : <w7 r7 '; - J rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARR, Plaintiff V. ERIC D. DARK, Defendant NO. 2006-5808 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Eric D. Darr, Defendant in the above-captioned divorce action, hereby accept service of the Complaint in Divorce. Date: to . 1.Z-06 (?-- 0 L? Eric D. Darr, Defendant rt John C. Howett, Jr., Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Rebecca M. Darr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARR, ) Plaintiff ) V. } ERIC D. DARR, ) Defendant ) NO. 2006-5808 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this / [ day of '-Y ?C c / , 2007, by and between Rebecca M. Darr (hereinafter referred to as "Mother") of Cumberland County, Pennsylvania and Eric D. Darr (hereinafter referred as to "Father"), of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto, husband and wife, are the parents of Madeleine Darr, born September 22, 1994 and Liam Darr, born January 16, 1998 (hereinafter referred to as "the Children"; WHEREAS, the parties separated on or about June 10, 2006; WHEREAS, Mother is filing a Complaint for Custody requesting shared legal and majority physical custody of the children simultaneously with this Stipulation for Entry of Agreed Upon Custody Order; and WHEREAS, the parties are desirous of entering into a stipulated order granting the parties shared legal custody, Mother majority physical custody and Father liberal rights of partial physical custody of the children without the necessity of formal court intervention. NOW, THEREFORE, in consideration of the premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, agrees as follows: 1. Legal Custody. Legal custody, as that term is defined by 23 Pa.C.S.A. §5301 shall be shared by Mother and Father. 2. Physical Custody. Physical custody of the children shall be as follows: a) Majority Physical Custody. Mother shall be awarded majority physical custody of the children. b) Partial Physical Custody. Father shall be awarded partial physical custody of the children as the parties agree however, said partial physical custody shall be in accordance with the schedule currently being exercised by the parties at the time of execution of this Stipulation and as they may agree. 3. Contact. Each party shall be entitled to reasonable telephone and e-mail contact with the children when the children are in the other's physical custody. 4. Telephone/Address Notification. Each party will notify the other within forty-eight (48) hours of any change of address and/or telephone number including cell phone numbers. 5. No Alienation. Neither parent shall disparage the other or do anything to alienate the affections of the children for the other parent and to the extent possible shall prohibit third parties from doing so. 6. Entry of Court Order. The terms and provisions of this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto set their hands and seals as of the day and date first written above. ?W.6,6:Qk"'KA - Witness e ca M. Darr /1 att'ic:z- Witness Eric D. Darr COMMONWEALTH OF PENNSYLVANIA. COUNTY OF ? C? Ytn BEFORE ME, the undersigned authority, on this day personally appeared REBECCA M. DARR, 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 UNDER MY HAND AND SEAL OF OFFICE this day of 2007. Notary Pu lic Ifi and for Commonwealth of Pennsylvania Typed or printed name of Notary: UJe J . ?? rn m e My commission expires: C) ?- ? COMMONWEALTH OF PENNSYLVANIA Nrt-O A Sell Wendy J. Trimmer, Notary Public Londonderry Twp., Dauphin County My Commission Expires Aug. 25,20D7 Member, Penrisvlyr,i ; Tscciatian Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF 10u94wl BEFORE ME, the undersigned authority, on this day personally appeared ERIC D. DARR, known to me to be the person who 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 ?K d day of 2007. -r No Public in and or Commonwealth of PennsylvamY a . Typed or printed name of Notary: My c f ' 'i PENNSYLVANIA Notarial Seaf Linda M. Wright, Notary Public South Middleton Twp., Cumberland Coun My Commission Expires Feb. 9, 2008 Member, Pennsylvania Association of Notaries r-3 d ? »%,1 Y -17 John C. Howett, Jr., Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rebecca M. Darr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARR, ) Plaintiff ) V. ) ERIC D. DARR, ) Defendant ) NO. 2006-5806 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY PETITION RAISING MARITAL CLAIMS (RE CUSTODY) AND NOW, comes Plaintiff Rebecca M. Darr, by and through her counsel, Howett, Kissinger, Conley & Holst, P.C., who files this Petition Raising Marital Claims (Re Custody) and in support thereof states as follows: Plaintiff is Rebecca M. Darr ("Mother"), an adult individual who currently resides at 572 Meadowcroft Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Eric D. Darr ("Father"), an adult individual who currently resides at 304 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant were married on August 18, 1990. 4. A Complaint for Divorce was filed by Plaintiff on October 4, 2006 in Cumberland County, Pennsylvania. 5. Defendant hereby raises the following marital claim: COUNT I - REQUEST FOR CUSTODY ORDER UNDER §3104(a)(2) AND §3323(b) OF THE DIVORCE CODE 6. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 7. The parties are the parents of the following unemancipated children who reside primarily with Plaintiff at 572 Meadowcroft Circle, Mechanicsburg, Pennsylvania, 17055. Name Address Date of Birth Madeleine Darr 572 Meadowcroft Circle Mechanicsburg, PA 9/22/94 Liam Darr 572 Meadowcroft Circle Mechanicsburg, PA 1/16/98 8. During the past five years, the children resided with the following persons and at the following addresses: Persons Addresses Dates Mother 572 Meadowcroft Circle Mechanicsburg, PA June 10, 2006 to present Mother & Father 21 Emlyn Lane Mechanicsburg, PA Prior to June 10, 2006 9. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 10. There are no other proceedings pending involving custody of the children in this or in any other state. 11. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 12. On May 7, 2007, the parties entered into a Stipulation for Entry of Agreed Upon Custody Order, one of the terms of which is that the stipulation be entered as a Custody Order at the request of either party. A copy of the fully-executed stipulation is attached hereto, marked as Exhibit "A" and incorporated by reference herein as if set forth at length. WHEREFORE, the parties respectfully requests that, pursuant to §3104(a)(2) and 3323(b) of the Divorce Code and their Stipulation for Entry of Agreed Upon Custody Order, the Court enter an order incorporating the terms of their Stipulation. Date: S-1.146-7 Respectfully submitted, t Jo C. Howett, Jr., R?Vire OWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rebecca M. Darr VERIFICATION I, Rebecca M. Darr, hereby swear and affirm that the facts contained in the foregoing PETITION RAISING MARITAL CLAIMS (RE CUSTODY) are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 5/31/07 Re ecca M. Darr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARR, Plaintiff ) V. ) NO. 2006-5808CIVIL TERM } ERIC D. DARR, ) CIVIL ACTION - LAW Defendant ) DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Rebecca M. Darr, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising Marital Claims (Re Custody) was served upon Defendant Eric D. Darr, by depositing same in the United States mail, first class, on May 31, 2007, addressed as follows: Mr. Eric D. Darr 304 Stonehedge Lane Mechanicsburg, PA 17055 Date: C Jolt Howett, Jr., Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rebecca M. Darr John C. Howett, Jr., Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Rebecca M. Darr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARR, ) Plaintiff ) V. ) ERIC D. DARR, ) Defendant ) NO. 2006-580RCIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this 7 ft day 2007, by and between Rebecca M. Darr (hereinafter referred to as "Mother") of Cumberland County, Pennsylvania and Eric D. Darr,,(hereinafter referred as to "Father"), of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto, husband and wife, are the parents of Madeleine Darr, born September 22, 1994 and Liam Darr, born January 16, 1998 (hereinafter referred to as "the Children"; WHEREAS, the parties separated on or about June 10, 2006; WHEREAS, Mother is filing a Complaint for Custody requesting shared legal and majority physical custody of the children simultaneously with this Stipulation for Entry of Agreed Upon Custody Order; and WHEREAS, the parties are desirous of entering into a stipulated order granting the parties shared legal custody, Mother majority physical custody and Father liberal rights of partial physical custody of the children without the necessity of formal court intervention. NOW, THEREFORE, in consideration of the premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, agrees as follows: Legal Custody. Legal custody, as that term is defined by 23 Pa.C.S.A. §5301 shall be shared by Mother and Father. 2. Physical Custody. Physical custody of the children shall be as follows: a) Majority Physical Custody. Mother shall be awarded majority physical custody of the children. b) Partial Physical Custody. Father shall be awarded partial physical custody of the children as the parties agree however, said partial physical custody shall be in accordance with the schedule currently being exercised by the parties at the time of execution of this Stipulation and as they may agree. 3. Contact. Each party shall be entitled to reasonable telephone and e-mail contact with the children when the children are in the other's physical custody. 4. Telephone/Address Notification. Each party will notify the other within forty-eight (48) hours of any change of address and/or telephone number including cell phone numbers. 5. No Alienation. Neither parent shall disparage the other or do anything to alienate the affections of the children for the other parent and to the extent possible shall prohibit third parties from doing so. 6. Entry of Court Order. The terms and provisions of this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto set their hands and seals as of the day and date first written above. 6A Witness j -. ,,,-R &e ca M. Darr aa:??ac 44J a litil?L Witness Eric D. Darr COMMONWEALTH OF PENNSYLVANIA COUNTY OF } ?t,1 BEFORE ME, the undersigned authority, on this day personally appeared REBECCA M. DARR, 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. +k GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7 day of 2007. Notary Pu lic and for Commonwealth of Pennsylvania Typed or printed name of Notary: I?e??U J ?mrner- My commission expires: COMMONWEALTH OF PENNSYLVANIA L Wendy J Trimmer, Notary Public Londonderry Two., Dauphin County My Commissiort Expires Aug. 25.2007 Member, Pennsv!y2 Asscciation Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?G1 BEFORE ME, the undersigned authority, on this day personally appeared ERIC D. DARR, known to me to be the person who 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 ZnQ day of rnl , 2007. 6vwt?4c? NNotKry Public in and or Commonwealth of Pennsylvania Typed or printed name of Notary: J-CAo(A- Mycalim ?' - ENNSYLVANIA Notarial Seal Linda M. Wriyrt, Notary Public South Middleton Twp.. Cumberland Coun My Commission Expires Feb. 9, 2008 Member. Pennsylvania Association of Notaries "64 :- C'? John C. Howett, Jr., Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Rebecca A Darr 'JUN 0 5 2007 V+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARR, ) Plaintiff ) V. ) ERIC D. DARR, ) Defendant ) NO. 2006-58011 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY ORDER OF COURT AND NOW, this 1/' day of l-"_ , 2007, the attached Stipulation for Entry of Agreed Upon Custody Order entered into on May 7, 2007 by the parties in the above-captioned matter is hereby incorporated into and made an Order of this Court. BY THE COURT: ?1( t?t ij„ J"(4 ""lt^ ?jT +J?,}? ? t fitP)?l ?" G7 L. V, Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M, DARR, Plaintiff No. 2006-5808 (Civil Term) V. CIVIL ACTION - LAW ERIC D. DARR, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this nnfU -day of UrCr° W1 beV' , 2007, BY and BETWEEN Rebecca M. Darr of 572 Meadowcroft Circle, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D Eric D. Darr of 304 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS R.1: The Parties hereto were Husband and Wife, having been joined in marriage on August 18, 1990 in Mechanicsburg, Cumberland County, Pennsylvania; and R.2: Two (2) children were born of the marriage, namely, Madeleine Darr, whose date of birth is September 22, 1994 and Liam Darr, whose date of birth is January 16, 1998; and R.3: Differences have arisen between the Parties, in consequence of which the parties have lived separate and apart since on or about June 10, 2006; and R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Wife filed a Complaint in Divorce in Cumberland County on October 4, 2006 to the above-referenced term and number; and R.6: It is the desire and intention of the Parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: The Parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.8: The Parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been 2 independently represented by Sandra L. Wilton, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and that Husband, who is fully aware of his ability to have an attorney represent him, has chosen, instead to represent himself in the negotiation and drafting of this agreement; and R.10: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.11: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. Further, the non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 3 NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each Party at all times hereafter to live separate and apart from the other Party at such place or places as he or she from time 4 to time may choose or deem fit, free from any control, restraint or interference from the other. Neither Party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither Party shall disparage or i discredit the other in any way, nor in any way injure his or her reputation; nor shall either I of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either Party. Each Party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement and/or the terms of any Custody Agreement or Order. i (2) DIVORCE: The Parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute their respective Affidavits of Consent and Waiver of Notice Forms necessary to finalize the Divorce. Said Affidavits and Waivers will immediately thereafter be filed in the Cumberland County Prothonotary's Office; however, the 4 Praecipe to Transmit the Record will not be filed immediately but will only be filed within five (5) days of a request by either party to finalize the divorce. If either Party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement for which the other party may receive counsel fees and sanctions. Said breach does not entitle either party to seek termination, or invalidation, of this Agreement, nor does it permit the other party to assert the agreement as void for failure to execute the Consent and Waiver. (3) REAL PROPERTY: The Parties were the joint owners of certain real property located at 21 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence'D. Said Marital Residence was sold; however, there was a deficiency of approximately Eighteen Thousand One Hundred Thirty-Six ($18,136.00) Dollars, which Husband has been paying in due course. Husband shall assume said debt and hold harmless Wife with regard to said debt. Husband shall timely make all monthly payments on said debt and shall pay off said debt, or refinance said debt into his name, individually, no later than December 31, 2009. (4) DEBT: A. MARITAL DEBT: The parties acknowledge that all joint credit accounts have been closed. The Parties acknowledge that the balances on the following debts will be paid by Husband and Husband agrees to remove Wife's name from the obligations either simultaneously with the execution of this Agreement, or, if he cannot simply remove Wife's name or pay off the obligation, Husband will refinance the obligations solely into his name no later than December 31, 2009: - American Express (account number 02543783701757XXXX) with an approximate balance of $0 as of September 18, 2007; and _ 5 - Bank of America (account number 549035192683XXXX) with an approximate balance of $17,200 as of September 18, 2007; and - Bank of America (account number 549035472163XXXX) with an approximate balance of $4,600 as of September 18, 2007; and - Citizen's Bank (account number 524038000134XXXX) with an approximate balance of $4,500 as of September 18, 2007; and - Member's I" Federal Credit Union (account number 412144001883XX)CX) with an approximate balance of $8,500 as of September 18, 2007; and - The Home Depot/CBSD (account number 603532010317XXXX) with an approximate balance of $15,500 as of September 18, 2007. Simultaneously with the execution of this Agreement, Husband shall assume and timely pay, as required, the obligations listed above. Husband shall indemnify and hold harmless Wife with regard to the above obligations as of the date of execution of this Agreement. In addition to the joint debts listed under this subparagraph, the parties also incurred a deficiency with regard to the sale of the Marital Residence, repayment of which shall be Husband's sole responsibility pursuant to the terms of Paragraph 3, above. The Parties acknowledge that the balances on the following debts will be paid by Wife and Wife agrees to remove Husband's name from the obligations either simultaneously with the execution of this Agreement, or, if she cannot simply remove Husband's name or pay off the obligation, Wife will refinance the obligations solely into her name no later than December 31, 2009: - Chase Bank USA (account number 426690102745XXXX) with an approximate balance of $8,600 as of September 18, 2007; and Discover Card (account number ending in 5249) with an approximate balance of $3,643.40 as of December 1, 2007. Simultaneously with the execution of this Agreement, Wife shall assume and timely pay, as required, the obligations listed above. Wife shall indemnify and hold harmless Husband with regard to the above obligations as of the date of execution of this _ Agreement. 6 B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either Party contracted or incurred any debt since the date of separation on June 10, 2006, the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C. FUTURE DEBT: Except as otherwise herein provided, from the date of this Agreement neither Party shall contract or incur any debt or liability for which the other Party or his or her property or estate might be responsible and shall indemnify and save harmless the other Party from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other Party. (5) MOTOR VEHICLES: The parties acknowledge that Wife leases the vehicle currently in her possession. Husband hereby relinquishes any right, title or interest he may have in and to the leased Honda currently in Wife's possession. Wife shall acquire and maintain separate insurance on the Honda currently in her possession. Wife shall hold harmless and indemnify Husband from any loss thereon. Wife specifically agrees to assume full responsibility and pay in due course, any encumbrance on the Honda currently in her possession. The parties acknowledge that Husband leases the vehicle currently in his possession. Wife hereby relinquishes any right, title or interest she may have in and to the leased Honda currently in Husband's possession. Husband shall acquire and maintain separate insurance on the Honda currently in his possession. Husband shall hold harmless and indemnify Wife from any loss thereon. Husband specifically agrees to assume full responsibility and pay in due course, any encumbrance on the Honda currently in his possession. 7 To the extent that either of the vehicles are titled or encumbered jointly, the parties hereto agree to execute any and all documents necessary to individually title the vehicles with the Commonwealth of Pennsylvania. Moreover, the parties hereto will refinance the lease solely into their names within ninety (90) days of the execution of this Agreement. (b) TANGIBLE PERSONAL PROPERTY: The parties hereto acknowledge and agree that they have reached a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them. Each party shall, from and after the date hereof, be the sole and separate owner of all such property whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. The parties have storage units at the Storage Depot in Mechanicsburg, Pennsylvania. The parties hereto have agreed that upon execution of this agreement, commencing on January 1, 2008 (so long as this agreement is fully executed by both parties on or before December 31, 2007), they shall equally share the cost of the storage unit or units until such time as the unit(s) is emptied and the personal property divided between them in a mutually agreeable fashion. (7) INTANGIBLE PERSONAL PROPERTY: Each Party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, 8 employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans, 403 (b) plans and the like. The Parties acknowledge that Wife has a pension through her former employment with the Commonwealth of Pennsylvania (hereinafter "Commonwealth Pension"). The present value of Wife's Commonwealth Pension is unknown. Husband acknowledges that he has been informed of his right to request documentation of or obtain an independent appraisal and/or valuation of Wife's Commonwealth Pension and any marital interest he may have therein, and notwithstanding same, Husband hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to Wife's aforesaid Commonwealth Pension. The Parties acknowledge that Husband has a pension through his employment with the Harrisburg University (hereinafter "H.U. Pension"). The present value of Husband's H.U. Pension is unknown. Wife acknowledges that she has been informed of her right to request documentation of or obtain an independent appraisal and/or valuation of Husband's H.U. Pension and any marital interest she may have therein, and notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's aforesaid H.U. Pension. Wife, Rebecca M. Darr, is the spouse of Eric D. Darr. Wife understands that she may have the right to have Husband's H.U. Pension pay her spouse's retirement benefits in the special QJSA payment form; however, she agrees to give up that right. She understands that by signing this Agreement, she will receive no money from Husband's H.U. Pension and she understands that she waives any right that she may have to receive the special QJSA payment form. Moreover, she understands that by signing this 9 Agreement she will receive nothing after Husband dies depending on the payment form or beneficiary that Husband chooses. Wife understands that by signing this Agreement, Husband can choose any retirement benefit form and/or any beneficiary that is allowed by the plan without telling Wife and without obtaining Wife's agreement. Wife also understands that Husband can change the retirement benefit form selected and/or the name of the beneficiary at any time before retirement begins without telling Wife and without getting Wife's agreement. Wife understands that she can limit Husband's choice to a particular retirement benefit form and/or a particular beneficiary who will receive payments from the plan after the death of Husband and that by signing this Agreement, she is giving up that right. She understands that she does not have to sign this Agreement. She acknowledges that she is signing this Agreement voluntarily. She further understands that if she does not sign this Agreement, then Wife could receive payments from the plan in the special QJSA payment form. Husband, Eric D. Darr, is the spouse of Rebecca M. Darr. Husband understands that he may have the right to have Wife's Commonwealth Pension pay him spouse's retirement benefits in the special QJSA payment form; however, he agrees to give up that right. He understands that by signing this Agreement, he will receive no money from Wife's Commonwealth Pension and he understands that he waives any right that he may have to receive the special QJSA payment form. Moreover, he understands that by signing this Agreement he will receive nothing after Wife dies depending on the payment form or beneficiary that Wife chooses. 10 Husband understands that by signing this Agreement, Wife can choose any retirement benefit form and/or any beneficiary that is allowed by the plan without telling Husband and without obtaining Husband's agreement. Husband also understands that Wife can change the retirement benefit form selected and/or the name of the beneficiary at any time before retirement begins without telling Husband and without getting Husband's agreement. Husband understands that he can limit Wife's choice to a particular retirement benefit form and/or a particular beneficiary who will receive payments from the plan after the death of Wife and that by signing this Agreement, he is giving up that right. He understands that he does not have to sign this Agreement. He acknowledges that he is signing this Agreement voluntarily. He further understands that if he does not sign this Agreement, then Husband could receive payments from the plan in the special QJSA payment form. (8) LIFE INSURANCE: To the extent that Wife has a life insurance policy, simultaneous with the execution of this Agreement, her policy shall become her sole and separate property. Nothing in this Agreement will prevent Wife from designating beneficiaries under or encumbering any life insurance policy that she may have on her life. For so long as Husband has an alimony obligation to Wife, and for so long as the joint debt referenced above is still outstanding, Husband shall name Wife as irrevocable beneficiary of a life insurance policy on his life in the amount of Four Hundred Thousand ($400,000.00) Dollars. Once the joint debt is paid in full, or Husband assumes same into 11 his name, individually, Husband can reduce the face amount of the policy in an amount sufficient to cover his then-existing alimony obligation to Wife. Husband hereby further agrees to name each child as irrevocable beneficiary of two (2) separate One Hundred Thousand ($100,000.00) Dollar life insurance policies on Husband's life. Said policies should be set up as an irrevocable trust for the benefit of each child. The trustee of said irrevocable trusts shall be an institution of Husband's choosing. Husband agrees that he shall establish and maintain the insurance referenced in this Paragraph in full force and effect, paying all premiums due thereon and he shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value. Moreover, within sixty (60) days of the execution of this Agreement, Husband shall deliver to Wife, or her attorney, satisfactory proof that the irrevocable beneficiary designations have been properly endorsed on each insurance policy and that the insurers have received notice of the restrictions placed upon Husband's ownership of the insurance by the terms of this Agreement. Husband shall also request that duplicate premium statements and receipts be mailed by the insurers to Wife. (9) AFTER-ACQUIRED PROPERTY: Each of the Parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12 (10) ALIMONY: Husband shall pay to Wife Two Thousand ($2,000.00) Dollars per month in alimony'. Husband shall pay alimony to Wife for a period of twelve (12) years. Said payments shall be made to Wife no later than the 1St of each month. Husband's alimony obligation shall continue at a rate of $2000.00 per month until he has completed repayment of his portion of debt described in Section (4), or no later than January 1, 2010, whichever is earlier, at which point through year twelve (12), Husband's alimony obligation shall increase to $2,500 per month. Said alimony obligation shall be non-modifiable and shall terminate on the death of either party. Said alimony obligation shall continue unmodified in the event of Wife's co-habitation or re-marriage. Said alimony obligation is taxable to Wife as income, and is deductible to Husband. (11) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (12) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standard with regard to the rights of each Party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the Parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and 1 Said alimony amount is contingent upon confirmation of Husband's and Wife's income prior to execution of this Agreement. Husband shall provide the following as verification of his current income: his 2006 W- 2; his last 6 months of pay stubs; and his 2006 tax return. Wife shall provide the following as verification of her current income: her 2006 W-2; her last 6 months of pay stubs; and her 2006 tax return. 13 as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (13) DEPENDENCY EXEMPTIONS: Wife shall be entitled to claim Liam as a deduction for the dependency exemption under Section 152(e) of the Internal Revenue Code of 1954, as amended. Husband shall be entitled to claim Madeleine as a deduction for the dependency exemption under Section 152(e) of the Internal Revenue Code of 1954, as amended, but only if Husband has made all child support and alimony payments required under Paragraphs 10 and 15 of this Agreement, by December 31St of the calendar year. After one Child has reached the age of majority and can no longer be claimed as a dependency exemption, the parties will share the exemption on an alternating year basis, with Wife getting the exemption the first year, and Husband the second, and alternating thereafter, but only if Husband has made all child support and alimony payments required under Paragraphs 10 and 15 of this Agreement, by December 31St of the calendar year As the custodial parent of both Children, Wife agrees to sign and provide to Husband a declaration required by the Internal Revenue Service to implement this Paragraph. Upon execution of this Agreement, Wife will sign the required declarations for every future year to which this Paragraph may apply. The declarations shall be held by James J. Kutz, as escrow agent. The escrow agent shall release the declaration for each year to Husband on satisfactory evidence that Husband has complied with the provisions of this Paragraph. 14 (14) CHILDREN'S ACCOUNTS: The parties hereby agree to open an account for the children's higher education. Upon complete repayment of his portion of debt described in Section (4), or at the latest commencing in January 1, 2010, Husband hereby agrees that he shall deposit Eight Hundred ($800.00) Dollars into said account each and every month, by the I" of each month, until such time as the last child graduates from their post-high school education. Upon complete repayment of her portion of debt, described in Section (4), Wife agrees that she shall deposit Three Hundred ($300.00) Dollars into said account each and every month, by the l" of each month, until such time as the last child graduates from their post-high school education. This paragraph in no way obligates either parent to pay for the post-college education of either child. (15) CHILD SUPPORT: Husband shall pay to Wife One Thousand Five Hundred ($1,500.00) Dollars per month in child support for the support of the parties' two (2) minor children. Said payments shall be made to Wife no later than the 1st of each month and shall terminate upon the youngest child attaining the age of eighteen (18) or graduation from high school, whichever occurs later. Nothing in this Agreement will prevent either party from seeking a modification or termination of this support obligation in the event of a substantial and continuing change in circumstances, in accordance with Pa.R.C.P. 1910.17 and the applicable support guidelines. Father shall be responsible for covering the children under his health insurance for so long as it is available to Husband at a reasonable cost. Should medical insurance for the children become available to Wife at little, to minimal cost, Wife will also cover the children on her medical insurance. The parties hereto shall be equally responsible for any and all unreimbursed medical expenses for the children, including, but not limited to, orthodontia and counseling. 15 (16) EXTRACURRICULAR ACTIVITIES, BABYSITTING, TRANSPORTATION, SPORTING EQUIPMENT & COUNTRY CLUB DUES AND MEMBERSHIP: The parties hereby acknowledge that each child is involved in extracurricular and sporting activities and moreover, that the Children are sometimes in need of babysitting and/or transportation. Historically, the parties have had sitters for the Children and have paid someone to transport the Children to activities and to the pool, especially in the summer months. For so long as the Children would remain eligible for child support, the parties will equally divide all costs associated with each child's babysitting, transportation and extracurricular activities, specifically including, but not limited to, dues and the cost of sporting equipment and uniforms. Wife will initially pay for these items and will provide Husband with documentation of items paid by the end of each month. Husband shall, within thirty (30) days of receipt of verification of the expenses, reimburse Wife for same. As Wife is the primary custodian of the children, Wife shall become the sole member of the West Shore Country Club; however, Husband shall have guest privileges when he has partial custody of the children. Until such time as the oldest child is emancipated, Husband shall pay one half (1/2) of the membership fee, as well as one half (1/2) of any and all costs associated with the children's purchase of food, etc., as the children enjoy use of the facilities, including the swimming pool, at the County Club. (17) ATTORNEY'S FEES: Except as otherwise provided herein, each of the Parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. 16 (18) ADVICE OF COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Sandra L. Meilton Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Husband, who is fully aware of his ability to have an attorney represent him, has chosen, instead to represent himself in the negotiation and drafting of this agreement. Each Party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and 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. (19) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (20) INCOME TAX: For so long as this Agreement is fully executed on or before December 31, 2007, the Parties hereby acknowledge that they plan to file a joint federal income tax return for the tax year of 2007. The parties further agree to utilize any federal income tax return received for 2007 to start the Children's college funds. Both parties will sign the refund check and will deposit seventy-five (75%) percent of the 17 refund into an account for Madeleine and twenty-five (25%) percent of the refund into an account for Liam. They further agree that in the event that any deficiency is owed for the 2007 tax year, that said deficiency will be equally divided between the parties. Commencing in 2008 and for all ongoing years, the parties shall file separate federal, state and local income tax returns. If this Agreement is not executed on or before December 31, 2007, the parties shall file separately for the 2007 tax year. As primary custodian, Wife shall claim the children for purposes of the dependency exemptions. Husband shall be entitled to claim any and all mortgage interest, taxes, etc. associated with the Marital Residence. Should the Parties owe any tax liability or receive any returns on any and all taxes filed jointly by the Parties during the course of their marriage, the Parties hereto agree to equally divide any such tax liability and/or tax return. (21) BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. In the event that either party becomes a debtor in any bankruptcy or financial re- organization 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, 18 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 attorney's 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. (22) COMPLETE DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither parry has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such and undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. 19 The non-disclosing party shall be responsible for payment of counsel fees, costs of expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. (23) WAIVER OF APPRAISALS: The Parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of all assets, including, but not limited to the real estate, the personal property, the vehicles, and 401K's and retirement accounts, some or all of which were acquired during the marriage and therefore constitute marital property. However, the Parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this Agreement, represents a fair and equitable distribution. (24) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (25) FULL SETTLEMENT: Except as herein otherwise provided, 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 may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, arising out of the marital relationship, including all rights and benefits under the Pennsylvania Divorce 20 Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither Party shall have any obligation to the other not expressly set forth herein. Except for any cause of action for Divorce which either Party may have or claim to have, and 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 specifically arising from the marital relationship. (26) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, Each Party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators or 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 or the other or by way of dower, courtesy, widow'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 21 territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a Divorce Decree are intended to defeat the right of either Party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either Party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (29) SEPARABILITY OF PROVISIONS: The parties agree that the separate obligations contained in this agreement shall be interdependent. If any term, condition, clause or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement shall be reviewed and renegotiated in order to fulfill as closely as possible the purpose of this invalid provision(s). Notwithstanding any releases contained herein, the parties intend that they may reinstate economic claims, whether previously pleaded or not, to the extent permitted by the Divorce Code. (30) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (31) INCORPORATION INTO DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the Parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they 22 shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. (32) BREACH: In the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other Party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (33) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the Parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (34) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. (35) DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they have executed the Agreement on the same date. Otherwise, the "date of execution" or 23 "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. (36) 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 reasonable access to those records in the event of tax audits. (37) WAIVER OR MODIFICA'T'ION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. (38) NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such Party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any f subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. (39) HEADINGS NOT A 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. 24 (40) 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 shall also 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 herein, to be null and void. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: 4or,4t ay G' ' h ay, Esqu 4 cca M. Darr, Plaintiff r lainti n ey fo i itness Eric D. Darr, Defendant 25 C,? +?-' _ r-' :? =1? ?,j ? •'- '?'=j ts? Y ? r`t - .u - i?ti =y :.}-1 :?: ?-1 ?w:? ?_ Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay dzmmslaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARK, Plaintiff No. 2006-5808 (Civil Term) V. CIVIL ACTION - LAW ERIC D. DARR, Defendant (In Divorce) AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 4, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authoriti Date: 11? 31 10-7 R ecca M. Darr, Plaintiff l ?'.,' ? ?:? ?: i??. c.,_ . ? r_r,r? ? ,' ` v? rTt W :c?'.': ;? , ? ? _.. ? '; _ ,? '` -:,,? c, Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ImaclayAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARK, Plaintiff V. ERIC D. DARR, Defendant No. 2006-5808 (Civil Term) CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 63301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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: 6 1 becca M. Darr, Plaintiff ra ?-? ` tn) 3 a C . r` `,- 1, Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay a,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARK, Plaintiff No. 2006-5808 (Civil Term) V. CIVIL ACTION - LAW ERIC D. DARR, Defendant (In Divorce) AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 4, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 12, A , ©? e_"Oc?-- Eric D. Darr, Defendant ra 7 Y I s T...: -n r_ -OM y cr) Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay a,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARR, Plaintiff No. 2006-5808 (Civil Term) V. ERIC D. DARR, Defendant CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301 (c) AND 43301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 2-00C---- Eric D. Darr, Defendant C ° C= -n _ 1:'c im t ''D ?? ws 7 l m i - + rri Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay(a dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA M. DARK, Plaintiff No. 2006-5808 CIVIL TERM V. CIVIL ACTION - LAW ERIC D. DARK, Defendant (In Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service on October 22, 2006. An acceptance of service was filed on October 31, 2006. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff executed her Affidavit of Consent on December 31, 2007, and Defendant executed his Affidavit of (Consent on December 28, 2007, which Affidavits were filed on January 3, 2008. 4. Related claims pending: None. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff executed hey Waiver of Notice form on December 31, 2007. Defendant executed his Waiver of Notice form on December 28, 2007. Both Waivers were filed on January 3, 2008. DALEY ZUCKER MEI TON MINER & G , LLC Date: G OU By: 'dI Inrda Gi g i lay, Esq i e y I. o. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Plaintiff f j ?? ??? ... r.:.d? .? ] ?:?i - ,_,?? C.h? ?"s _ ?, y - t "7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. REBECCA M. DARR PLAINTIFF VERSUS ERIC D. DARR No. 2006 5808 DEFENDANT DECREE IN DIVORCE AND NOW, /)7&--s G , ?-40**' , IT IS ORDERED AND DECREED THAT AND REBECCA M. DARR ERIC D. DARR 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; AND IT IS FURTHER ORDERED, that the terms, conditions-and covenants set forth in the written Property Settlement and Separation Agreement made an-d--entered into by the parties on December 28, 2007, are incorporated into this Decree by reference fbprp , hl-it- not merger, i t0-this nacrg6. BY THE COURT: - X/, , " fA14 ATTEST/,,. J. PROTHONOTARY -? ?j L -E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW REBECCA M. DARR, Plaintiff VS. FILE NO. 5808 ERIC D. DARK, Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME rrtr-- -am ;Oa a o ?n O? ?J ?v t f j,QO lk? R? Notice is hereby given that the Plaintiff/Deferfd t in the above matter, having been granted a Final Decree in Divorce on the 6th day of March, 2008 hereby elects to resume the prior surname of Rebecca Anne McClincy and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: Zee ( Signatl5b jSn?ature of me being resumed COMMONWEALTH OF PENNSYLVANIA . : SS. COUNTY OF CUMBERLAND h On the day of 5??eO% 20 ( before me, a Notary Public, personally appeared the above affiant known to me 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 and official seal. Notary Public oooNw?w?TM OF naww+nv?w? NOTAAARRIAL aw MORIA K RM,Pubic [a ? N1 1 C') C 2f't CIVIL-ZfA06^? C-) ' Z O 3 _ b f A- Ay 5'ti F-G J-441 rD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA REBECCA M. DARK, Plaintiff No. 2006-5808 CIVIL TERM V. CIVIL ACTION- LAW -03 ERIC D.DARR �m =0 -ar . Defendant (In Divorce) z. •�+C7 �-Ys �r c7 C PRAECIPEt� ' `^ �10/NpV ""} TO THE PROTHONOTARY: Kindly withdraw the appearance of Daley Zucker Meilton & Miner, LLC, as counsel for Plaintiff in the above-captioned matter. Daley Zucker Meilton& finer, LLC Date: a a Carey er, uire ttorney I.D. N . 37334 635 N. 12t�' Str et, Suite 1 1 Lemoyne, PA 7043 (717) 724-9821 pzucker @dzmmlaw.com Kindly enter the appearance of Lindsay Gingrich Maclay, Esquire as counsel for-the Plaintiff in the above-captioned matter. Law Offices of Peter J. Russo, P.C. Date: n Nastlndle y Gr ch M lay, Esq d0 50 Road, Suite 203 Mechanicsburg, PA 17050 (717) 591-1755 lgmaclay @pjrlaw.com