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HomeMy WebLinkAbout02-2851IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD LAWRENCE SMITH, SR., Plaintiff DEBORAH FAY SMITH, Defendant CIVIL ACTION - LAW No. 2002- ~5'// (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 ofdivome or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD LAWRENCE SMITH, SR., Plaintiff DEBORAH FAY SMITH, Defendant CIVIL ACTION - LAW No. 2002- ~.~Kt (In Divorce) COMPLAINT IN DIVORCE AND NOW, this 12th day of June, 2002 comes Plaintiff, Donald Lawrence Smith, Sr., by and through his attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Donald Lawrence Smith, Sr., who currently resides at 7816 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Deborah Fay Smith, who currently resides at 486 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on September 13, 1996 in Mechanicsburg, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiff avers that the parties hereto have lived separate and apart since October 15, 2001. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The Plaintiffhas been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that ifI make knowingly false averments, I may be subject to criminal penalties. Donald Lawrence Smith, Sr. IN THE COURT OF COMMON PLEAS OF! CUMBERLAND COUNTY, PENNSYLVANI~ DONALD LAWRENCE SMITH, SR., Plaintiff DEBORAH FAY SMITH, Defendant CIVIL ACTION - : No. 2002 - 2851 : : (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 17th day of June, 2002, I, Lindsay Gingfich Macl that the following person was served with a True and Correct copy of the in the above-referenced matter. The Complaint in Divorce was mailed o service took place on June 13, 2002, by Defendant signing for a copy of which was mailed in the United States Mail, Certified Mail--Return Rec, Delivery, Postage Prepaid, addressed as follows: Deborah Fay Smith 486 Rich Valley Road Carlisle, Pennsylvania 17013 A copy of the signed Domestic Return Receipt is attached herett reference incorporated herein and made a part hereof. Respectfully submi HANFT & KNIGH ~AW ay, Esquire, hereby certify ~omplaint in Divorce filed t June 12, 2002, but actual the Complaint in Divorce fipt Requested, Restricted as Exhibit "A" and by ted, F, P.C. F:\User Folder~Firm Docs~Gendocs2002L2731 - 1 .eert.serv.wpd G(nJ~l~ch M~lay, Attorney I~No. 87954 19 Brookwood Ave ~ue, Suite 106 Carlisle, PA 17013- ¢142 (717) 249-5373 Attorneys for Plaint ff Exhibit "A" Postage ~(:~r t~fied Fee Return eceipt Fee (Endomem Required} Restricted De~ive~ Fee (Endorsement Required) 60,57 ' · Attaohthleoardtoth~blckofth~mallplece, e. ~ by ( P'Ah~tC~ ,'V41me) D. ~d.~ ~.m 17 E]Ye. Domestic Retum Receipt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD LAWRENCE SMITH, SR., Plaintiff DEBORAH FAY SMITH, Defendant CIVIL ACTION - LAW No. 2002 - 2851 (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 12,2002. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on June 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety 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., Section 4904 relating to unswom falsification to authorities. Sworn to and subscribed before me this ]/~ day of S e~lCem b e e , 2002. N~)t ~try~'ub lie DONALD LAWRENCE SMITH, SR., Plaintiff Notadal Seal Mazy M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD LAWRENCE SMITH, SR., Plaintiff Vo DEBORAH FAY SMITH, Defendant CIVIL ACTION - LAW No. 2002 - 2851 (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. ' I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~ ~_/,/_t9 '7 ~ON/(LD LAWKENCE SI~IITH, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD LAWRENCE SMITH, SR., Plaintiff DEBORAH FAY SMITH, Defendant CIVIL ACTION - LAW No. 2002 - 2851 (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 1. 12, 2002. 2. ) : SS. ) A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on June The marriage of Plaintiffand Defendant is irretrievably broken and ninety 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., Section 4904 relating to unswom falsification to authorities. DEBORAH FAY SMITH, Oefendant Sworn to and subscribed before me this /,¢t~ dayof ,~'ef[,~be~- , 2002. Not~ublic IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD LAWRENCE SMITH, SR., Plaintiff DEBORAH FAY SMITH, Defendant CIVIL ACTION - LAW No. 2002 - 2851 (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: DEBORAH FAY SMITH, lbefendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD LAWRENCE SMITH, SR., Plaintiff Vo DEBORAH FAY SMITH, Defendant CIVIL ACTION o LAW No. 2002 - 2851 (In Divorce) MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this o~ 0 day of ~ 2002, by and between DONALD LAWRENCE SMITH, SR., of Carlisle, Cumberlar~[ County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and DEBORAH FAY SMITH, of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife," or collectively referred to as the "Parties." WITNESSETH: WHEREAS, Husband and Wife were married on September 13, 1996 in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since October 11, 2001, WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the Parties hereto which have made them desirous of continuing to live separate and apart fi.om one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; and WHEREAS, there were no children bom of the marriage; however, Husband adopted Wife's son, Justin David Smith, born July 14, 1985, (hereinafter referred to as "Justin"); and Page 1 of 11 r FSC' 5 WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the Parties while they continue to live apart fi.om each other and to settle all financial and property fights between them; and WHEREAS, the Parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, should they have one, and the Parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto in consideration of the mutually made and to-be- kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I: SEPARATION 1.1 It shall by lawful for Husband and Wife at all times hereafter to live separate and apart fi.om each other and to reside fi.om time to time at such place or places as they shall deem fit and free from any control, restrain, or interference, direct or indirect, by each other. Neither Party shall molest the other or compel or 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 as to the lawfulness of the causes leading to them living separate and apart. ARTICLE Il: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the Parties hereto, and each of 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 any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor will it prevent either Party from defending any such action which has been, may, or shall be instituted by the other Party, or for 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 with full understanding, DLS~~t Page 2 of 11 DFS~ hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable, in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are, and ever shall be, estopped from asserting any illegality or unenforceability as to all, or any part, of this Agreement. 2.2 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the Parties are accepted by each party as a final settlement, or for all purposes whatsoever. Should either of the Parties obtain a decree, judgment, or order of separation or divorce in any other state, county, or jurisdiction, each of the Parties to this Agreement hereby consents and agrees that this Agreement, and all its covenants, shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof, shall alter, amend, or vary any term of this Agreement, whether or not either or both of the Parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, .judgment, or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if, or whenever sought by any of the Parties hereto. It is understood by the Parties that a Divorce Complaint has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 2002-2851 Civil Term. Such incorporation, however, shall not be regarded as a merger, it being the intent of the Parties to permit the Agreement to survive any such agreements. ARTICLE llI: EQUITABLE DISTRrI:IUTION OF MARITAL PROPERTY 3.1 The Parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the Parties (if any); the age, health, station, amount and sources of income, vocational skills, employability, estate liabilities, and need for each of the Parties; the contribution of one Party to the education, training, or increased earning power of the other Party; the opportunity of each Party for future acquisition of capital assets and income; the sources of income of both Parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each Party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a Party as a homemaker; the value of the property set apart to each Party; the standard of living of the Parties established during their marriage. DLS _.~i Page 3 of 11 DF~ 3.2 The Parties shall retain sole and exclusive right, title, and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either Party to execute any documents to convey ti.tle to any such personal property in the other Party's possession, they shall do so within thirty (30) days of the execution of this Agreement, or within thirty (30) days of a request to do so from the opposing Party. 1. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all rights she may have to any and all of the Parties joint checking and/or savings account(s), and Wife shall, within thirty (30) days of execution of said Agreement, sign any documents needed, or required, to effectuate such transfer. 2. Contemporaneously with the execution of this Agreement, Wife shall relinquish any and all fights and obligations she may have in connection with any and all of the Parties joint credit card(s), and any credit card(s) on which she is an authorized user and Wife shall, within thirty (30) days of execution of said Agreement, sign any documents needed, or required, to effectuate such transfer. 3. Wife acknowledges that she received the majority of all marital property which was located in the marital home. As such, Wife acknowledges that receipt of these items of personal property, in conjunction with the Three Thousand ($3,000.00) Dollars that she received at the time of separation, is a fair and equitable amount for her interest in the items referenced in this Section 3.2, and that said amount was negotiated after Wife had an opportunity to review this Agreement and seek independent counsel. 3.3 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan, or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan, or related matters. 3.4 Except as provided herein, Husband and Wife agree to waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other Party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. DLS ~_~ Page 4 of 11 DF~.~ 1. Contemporaneously with the execution of this Agreement, Wife shall transfer to Husband any and all of Wife's right, title, and interest in, and to, that certain parcel of real estate and dwelling located at 7816 Wertzville Road, Carlisle, Cumberland County, Pennsylvania, heretofore owned by Husband. Said transfer is subject to those liens, judgments or mortgages of record as of the date of conveyance, all of which shall hereafter become the sole and exclusive obligation of Husband. Within One Hundred Eighty (180) days of the date of this Agreement, Husband shall pay off or refinance any and all mortgages and notes on said property to remove Wife's name from said mortgage(s) and note(s). At all times relevant hereto, Husband also agrees to indemnify and hold Wife harmless from the collection and/or responsibility for payment of any mortgage(s), note(s), or loan(s) on said property. 2. By August 21, 2002, Husband agrees to pay to Wife a lump sum of Seven Thousand ($7,000) Dollars as Wife's interest in the items referenced in this Section 3.4. 3. Wife acknowledges that said Seven Thousand ($7,000.00) Dollars is a fair and equitable amount for her interest in the real property referenced in this Section 3.4 and that said amount was negotiated after Wife had an opportunity to review this Agreement and seek independent counsel. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release, and give up any and all rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 1. Since July 18, 2001, Husband has been paying and will continue to pay to Wife, for her benefit and the benefit of her son, Justin, Eight Hundred ($800.00) Dollars per month in support. These Eight Hundred ($800.00) Dollar per month payments will continue to be paid by Husband, through and including, July of 2005. 2. Wife acknowledges that said Eight Hundred ($800.00) Dollar per month support payment is a fair and equitable amount, and that said amount was negotiated after Wife had an opportunity to review this Agreement and seek independent counsel. DLS~X~ Page5 of 11 DFS(~-~ 4.2 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 4.3 Husband and Wife specifically waive, release, and give up any fights for alimony to which they may be entitled pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each Party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the Parties; that since the separation, neither Party has contracted for any debts for which the other will be responsible; and each Party indemnifies and holds haxmless, the other for all obligations separately incurred or assumed under this Agreement. Wife shall pay the monthly car payment on the 2000 Dodge Neon, which vehicle is titled in joint names. Husband agrees to allow Wife to keep the vehicle loan for the 2000 Dodge Neon in joint names; however, in the event of a default by Wife, Husband shall have the right to pay the car payment and thereby reduce his monthly support obligation by said amount paid. o Husband shall pay the monthly car payment on his 1998 Ford F-150 pickup track. Said truck is titled solely in Husband's name and said loan is solely in Husband's nalrle. Within sixty (60) days of the execution of this Agreement, Husband shall pay the back medical, dental, and eye bills incurred by Wife and Justin since the date of separation. Wife estimates these bills to be Five Hundred Eighty-Five ($585.00) Dollars. This balance includes, but is not limited to, all outstanding balances owed to Dr. Red and Dr. Apecellio. o Until July 18, 2005, Husband agrees to pay all unreimbursed medical and dental expenses and co-payments for both Wife and Justin within sixty (60) days of receipt of said bill from Wife. DLS ~, Page 6 of 11 In the event either Party contracted for or incurred any debts since the date of separation, the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that theyhave no outstanding debts or obligations of the Husband and Wife, which were incurred prior to the signing of this Agreement. 5.2 Each Party relinquishes any right, title, and interest he or she may have to any and all motor vehicles currently in the possession of the other Party. Within thirty (30) days of the date that the loan on the 2000 Dodge Neon is paid in full, Husband shall execute the necessary documents to have said vehicle properly registered into Wife's name with the Pennsylvania Department of Transportation. It is the intention of the Parties that Husband will maintain and be responsible for payment of the monthly automobile insurance premium on the Ford F-150 pickup truck and Wife will maintain and be responsible for payment of the monthly insurance premium on the 2000 Dodge Neon. a. Husband shall, within five (5) days of the execution of this Agreement, pay Wife the sum of Five Hundred ($500.00) Dollars for her interest in the 1964 Chevrolet. In return for said payment, Wife shall relinquish any and all right, title, and interest she may have in the 1964 Chevrolet. Within thirty (30) days of the date of this Agreement, Wife shall execute the necessary documents to have the 1964 Chevrolet properly registered into Husband's name with the Pennsylvania Department of Transportation. b. Wife acknowledges that the Five Hundred ($500.00) Dollars is a fair and equitable amount for her interest in the 1964 Chevrolet, and that said amount was negotiated after Wife had an opportunity to review this Agreement and seek independent counsel. c. Husband hereby agrees that in the event that Wife passes away prior to the transfer of title of the Dodge Neon, Husband will pay offthe remaining balance on the Dodge Neon loan, in accordance with Paragraph 5.1 (2), above, and, within thirty (30) days of the date that the loan on the 2000 Dodge Neon is paid in full, Husband shall execute the necessary documents to have said vehicle properly registered into Justin's name with the Pennsylvania Department of Transportation. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The Parties hereto have had the opportunity to retain independent legal counsel. Lindsay Gingrich Maclay, Esquire of Hanft & Knight, P.C., represents Husband. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, or the parties have voluntarily waived their right to have legal advice regarding the meaning and DLS(~)~ Page 7of 11 DF~ implication of this Agreement. The Parties acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice, and with such knowledge that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any legal fight, title, and interest, or claims in, or against the property of the other, or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter, may have, against such other, the estate of such other, or any part thereof, whether arising out of any fom~er acts, contracts, engagements, or liabilities of such other as by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania; (b) any state, commonwealth, or territory of the United States; or (c) any other country, or any rights which either Party may have or at any time hereafter, have, for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising, or which may arise, under this Agreement, or for the breach of any obligation thereunder. It is the intention of Husband and Wife to give to each other by execution of this Agreement, a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except, and only except, all rights, agreements, and obligations of whatsoever nature arising from, or which may arise under this Agreement, or for the breach of any thereof. 6.3 Each Party represents that since separation, they have not heretofore incurred or contracted for any debt, liability, or obligation for which the estate of the other Party may by responsible or liable, except as may be provided for in this Agreement. Each Party agrees to indemnify and hold the other Party harmless from and against any and all such debts, liabilities, or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent, and agree that each will now, and all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. DLS '~.t Page8of 11 DFSC~___~ 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties hereto, and no waiver of any breach hereof, or default hereunder, shall be deemed a waiver of any subsequent default of the same, or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.7 This Agreement constitutes the entire understanding of the Parties hereto and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be detemdned or declared to be void or invalid, in law or otherwise, then only that tem~, condition, clause, or provision shall be stricken fi.om this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any Party to meet his or her obligation under any one or more of the Articles and Sections herein, shall in no way void or alter the remaining obligations of the Parties. 6.9 The Parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each Party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of marital property for inadequate consideration, without the prior consent of the other Party. Each Party further warrants, represents, and declares that each is, and has been, fully and completely informed of, is Page 9 of 11 DFS familiar with, and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other Party, and that each has made a full and complete disclosure to the other of the extent of his or her entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by, or on behalf of, either or both Parties during marriage. Husband and Wife hereby mutually agree to equally divide any and all Income Tax Returns for the 2002 tax year. 6.10 In the event that either Party to this Agreement shall breach any term, covenant, or other obligation herein, the non-breaching Party shall be entitled to, in addition to all other remedies available at law or in equity, recover from the breaching Party all costs of which the non-breaching Party may incur, including, but not limited to, filing fees and attorney's fees in any action or proceeding to enforce the terms of this Agreement. 6.11 This Agreement shall survive any action for divorce and Decree of Divorce, and shall forever be binding and conclusive on the Parties; and any independent action maybe brought, either at law, or in equity, to enforce the terms of this Agreement by either Husband or Wife until said teims shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the Parties hereto, and the covenants and agreements of each of the Parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the Parties hereto, and the Parties intend to be legally bound hereby. 6.12 The Parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the Parties will execute and file the consents necessary to obtain the divorce. Any Party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the Party who is seeking the divorce. 6.13 Husband agrees to keep both Wife and Justin as the beneficiary on his One Hundred Thousand ($100,000.00) Dollars Erie life insurance policy until, at least, July 18, 2005. Page 10 of 11 6.14 Husband agrees to keep Wife on his medical and dental insurance until July 18, 2005. Husband agrees to keep Justin on his medical and dental insurance policies until such time as Justin reaches the age of Nineteen. Until July 18, 2005, Husband agrees to pay all unreimbursed medical and dental expenses and co-pays for both Wife and Justin within sixty (60) days of receipt of said bill 15om Wife. 6.15 In the event that Wife passes away prior to the completion of any and all terms of this Agreement, Husband hereby agrees to continue to honor said Agreement, thereby, if necessary, making all payments to Justin instead of Wife. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first written, above. WITNESSED BY: Donald Lawrence Smith, Sr. F:\User Folder~Finn Doc~\Gendo~2002~2731-1 .MSA. wpd Deborah Fay Smith Pageilof 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD LAWRENCE SMITH, SR., Plaintiff Vo DEBORAH FAY SMITH, Defendant CIVIL ACTION - LAW No. 2002 - 2851 (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 Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manne; of service of the complaint: Defendant was served via United States Mail on June 13, 2002, by personally signing the Certified Mail Receipt. As required by Section 3301(c) of the Divorce Code, Plaintiff executed his Affidavit of Consent on September 11, 2002. As required by Section 3301 (c) of the Divorce Code, Defendant executed her Affidavit of Consent on September 12, 2002. Each Affidavit was filed with the Court on the day on which it was executed. Related claims pending: None. Plaintiff's Waiver of Notice in §3301(c) Divorce was executed and filed with the Prothonotary on September 11, 2002. Defendants' Waiver of Notice in §3301(c) Divorce was executed and filed with the Prothonotary on September 12, 2002. Date: ~, ~-~)0~ HANFT & KNIGHT, P.C. By: ~).~dSa~Attomey ?inI.;.g~o.c~ 8M79a~y, E~qulre 0 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 F:\Uaer Foldet~Firm Doc~mdoca2002k273 l-l.prae.2.~xaP-~.wPd · Attorneys for Plaintiff IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE Of Plaintiff VERSUS DEBORAH FAY SMITH, Defendant PENNA. NO. 2002 2851 DecreE IN DIVORCE AND NOW, ./J.,..,;~,.. ~ Zo' , 2002 Donald Lawrence Smith, Sr., DECREED THAT AND Deborah Fay Smith , It IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF The FOLLOWING CLAIMS WHICH haVE BEEN RAISED OF RECORD IN THIS aCTiON for WhiCh a final ORDER has NOT YEt BEEN ENTERED; The Parties' Marriage Settlement Agr~,~ent dated August 20, 2002 is herein incorporated by reference. BY THE//COURT: - ~ / AT J. ~PrOthONOtaRY MICHELLE L. BAUGHMAN, Plaintiff DONALD W. BAUGHMAN, JR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002- 2855 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint flied in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, Donald W. Baughman, Jr., by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on June 15, 2002. 37 South Hanover Street Carlisle, PA 17013 717 - 243-5732 Sworn and Subscribed to before me this ~.q~ day of ~r 2002. Notary Public MICHELLE L. BAUGHMAN, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY PENNSYLVANIA DONALD W. BAUGHMAN, JR, Defendant · NO. 2002- 2855 IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on June 12, 2002. 2. Defendant acknowledged receipt and accepted service of the Complaint on June 15, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 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 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling· 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: ~/'~ ~ '"Mi~elle L. Baughman,~i~_~ MICHELLE L. BAUGHMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2002- 2855 CIVIL TERM DONALD W. BAUGHMAN, JR, Defendant IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on June 12, 2002. 2. Defendant acknowledged receipt and accepted service of the Complaint on June 15, 2002. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 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. 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 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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:,,~=~ ~'~ ~__ o ~"C_ ~,~/~/~::2~~ _~ ~"~onald W. Baughman, J .,r'~Def~'~ant ~ .... Notarial Seal B anche A. Moo'isDn, Notary Public Cty of Harrisburg, Dauphin County My Commission Exp res Nov. 8, 2005 Member, Pennsytve, nia Association of Notaries MICHELLE L. BAUGHMAN, Plaintiff Vo DONALD W. BAUGHMAN, JR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002- 2855 CIVIL TERM : IN DIVORCE PRAEClPE 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, Certified U.S. mail, Return Receipt, Restricted Delivery, June 15, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: September 17, 2002; by Defendant: September 17, 2002. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 25, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 25, 2002. l_..//~ n~say Dare B~ :~Esquir~/ Attorney for the Plaintiff IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. MI(]-1]~T.T.I~. L. BAUGHMAN~ N o. 2002-2855 Plaintiff VERSUS DONALD W. BAUGHMAN, JR., Defendant Decree IN DIVORCE AND NOW, DECREED THAT AND MIC~W.T.W.L. BAUGHMAN DON~T.F) W. BAU(~, JR. · IT IS ORDERED AND , PLAiNTIFf, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NO~ BY The COUrt: :A~ J. ~:OTH ONOTARY