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HomeMy WebLinkAbout06-7105FAUser Folder\Finn Docs\Gmdocs2006\4044-ldiv.compleurt.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY L. GORDON, Plaintiff CIVIL ACTION - LAW V. No. 2006- 7/09 (210 PJL JUSTIN L. GORDON, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. AMY L. GORDON, Plaintiff NO. 2006-7105 VERSUS JUSTIN L. GORDON, Defendant DECREE IN DIVORCE AND NOW, J cstJ?? Z ` 2008 IT IS ORDERED AND DECREED THAT AMY L. GORDON , PLAINTIFF, AND JUSTIN L. GORDON ,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 Marriage Settlement Agreement dated June 3, 2008 is incorporated by reference. BY THE 7Ol RT: PROTHONOTARY a; r -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY L. GORDON, Plaintiff CIVIL ACTION - LAW V. No. 2006- 710s Curl Tt,?•., JUSTIN L. GORDON, Defendant IN DIVORCE COMP AMC IN DIVORCE AND NOW, this f A day of ? X006 comes Plaintiff, Amy L. Gordon, by and through her attorneys, Knight & Associates, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Amy L. Gordon, who resides at 179 Georgetown Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Defendant is Justin L. Gordon, who resides at 13 Cooper Circle, Carlisle, Cumberland County, Pennsylvania 17015. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania and has so been for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on May 19, 2004 in Carlisle, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiff has 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 Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, & ASSOCIATES, P Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (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 unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Amy L. G d 6 n 'g d g N n o C?7 ? wCj ?a C:) t 1 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY L. GORDON, Plaintiff CIVIL ACTION - LAW V. No. 2006-7105 JUSTIN L. GORDON, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ? day of February, 2007, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint was mailed on December 27, 2006, but actual service took place on December 28, 2006, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Justin L. Gordon 13 Cooper Circle Carlisle, Pennsylvania 17015 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. F:\User Folde irm Docs\GaWocs2007W0441cer.servi-.w )d Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, E'gq Lire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Plaintiff 1 -2 ?c r ??4vv s c ? ?y a v s r r tit i r,l 41 7 '?? +? L ?, J a N " a f Z Its cr) ? LL N C?) ? ?? C._ ? _? ?- ? ; ;Y; -ri `-a r, ._ ? ? -..? ?;? ) -- ?, -?,? _ ? - ? ? ?. G? AMY L. GORDON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006-7105 JUSTIN L. GORDON, ; Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed December 13, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: S-,;? /-08 _-??p lr =`---- Justin Gordon DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 W OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAWIS, FLOWER & MODS" 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: -,-- ffstin . ordon C3 t _` ? C Tl r, T f71 hJ r r? ; _J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY L. GORDON, Plaintiff V. CIVIL ACTION - LAW No. 2006-7105 JUSTIN L. GORDON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 13, 2006. 2. The marriage of Plaintiff and 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: aml-, 2008 Swqm to and subscribed before me this Amy L. G on day of 1,411 L.. , 2008. Notary ubli TH OF pEN1N8YLVMMA Nd" sed D* M. fir, NOWY RM Mdcfes TV4)' Owtow d County My CW11"M EVM Sept. 24.2010 Mwnbw, Penroovanis AaodoWn d Nowle ; ` ? ? ,ter --r_ ' -< w: ?? ' 'a ? ? ?? ? ? ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY L. GORDON, Plaintiff : CIVIL ACTION - LAW V. No. 2006-7105 JUSTIN L. GORDON, Defendant IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: tp)310 0 1 ??,Am&cn 4AmyPL4.Glon +v ?.. Q ON SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3 L day of V ttjV__) , 2008, by and between JUSTIN L. GORDON, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND AMY L. GORDON, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 19, 2004, in Cumberland County, Pennsylvania; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to settle and determine finally and for all time their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and --Page 1 of 11-- undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Sean Shultz, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Marylou Matas, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a frill disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel --Page 2 of 11-- the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. 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 each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as frilly and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Husband shall retain sole and exclusive possession of the parties' 2006 Ford Focus and shall maintain sole and exclusive responsibility for the repayment of the loan encumbering this vehicle. Husband shall attempt to reassign this debt to his name individually within 30 days of execution of this Agreement. If Husband is denied reassignment, Husband shall continue to make each such payment as they are due. In addition, Husband shall make additional efforts to reassign this --Page 3 of 11-- debt to his name individually or otherwise remove Wife's name every six months thereafter. Wife shall make no claim to Husband's access or ownership of said vehicle. This vehicle is titled in the parties' names jointly. Wife will promptly execute any and all necessary documents to transfer this vehicle to Husband's name individually upon satisfaction of the loan. Husband shall hold Wife harmless from any and all collection activities for this loan. b.) Wife retained sole and exclusive possession of the parties' 2005 Ford 500 and shall maintain sole and exclusive responsibility for the repayment of the loan encumbering said vehicle. Wife shall attempt to reassign this debt to her name individually within 30 days of execution of this Agreement. If Wife is denied reassignment, Wife shall continue to make each such payment as they are due. In addition, Wife shall make additional efforts to reassign this debt to her name individually or otherwise remove Husband's name every six months thereafter. It is believed that this vehicle is titled in the parties' names jointly. Husband shall execute any and all documents to transfer the vehicle to Wife's name upon the satisfaction of the loan. Wife shall hold Husband harmless from any and all collection activities for this loan. 8. Real Estate: The parties own a trailer located at 13 Cooper Circle, Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a loan due and owing to Members First, for which Husband has been making payments. From the date of execution of this Agreement forward, Husband shall maintain sole and exclusive responsibility for the repayment of the aforesaid loan and indemnify Wife and hold Wife harmless from any demand for payment or collection activity whatsoever. Husband shall retain ownership of the property and Wife shall waive all right, title and interest in this property. Wife shall promptly execute the title of said trailer to Husband's name individually at the time of execution of this Agreement. Husband shall have the right to sell or transfer the trailer, provided he satisfies the loan encumbering the trailer. Husband may retain any remaining proceeds at the time of sale. --Page 4 of I I— 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 10. Pension Interests: Husband hereby waives, relinquishes and transfers any and all right, title and interest he has or may have in Wife's pension, retirement and/or 401(k) account, that Wife may have in her individual name or may have secured through her present or prior employment. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's pension or retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. 11. Investment Accounts: Husband and Wife each maintain that they do not own any investment accounts, not previously identified herein as pension or retirement accounts. 12. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Each party shall pay the outstanding debts as set forth herein and further shall indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Spousal Support, Alimony. Alimony Pendente Lite, and Spousal Maintenance: a.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. --Page 5 of I I— b.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. 15. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such 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 former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy 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 of a 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, counsel 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 thereof. 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, or mixed, which the other now owns or may hereafter acquire, 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 thereof. 16. Divorce: At the time of execution of this Agreement, Wife has commenced an action for divorce against Husband. It is understood and agreed that any Decree in Divorce --Page 6 of 11-- which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 17. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 18. Non-Compliance: If either party fails to comply with any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such non-compliance, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 19. Equitable Distribution: 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 Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P. S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 20. Summary of Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other --Page 7 of 11-- claims of each party, including all claims raised by them in the divorce action pending between the parties. 21. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable 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 institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 22. Mutual Cooperation/Duty to ffectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 23. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 24. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the --Page 8 of I I— remaining obligations of the parties. 25. No Waiver of De ault: 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 subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 26. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 27. Waiver or Modification 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 of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 28. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 29. Azreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 30. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. --Page 9 of 11-- IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: Date ST GORDON 1? .e 3 AA Date AMYL ORDON --Page 10 of 11-- I verify that the statements made in this Separation and Property Settlement Agreement 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 falsifications to authorities. -- ustin L_ -Gordon I verify that the statements made in this Separation and Property Settlement Agreement 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 falsifications to authorities. AJ7cOm Amy L. rdon --Page 11 of 11-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY L. GORDON, Plaintiff CIVIL ACTION - LAW V. No. 2006-7105 JUSTIN L. GORDON, 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 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: mailed to Defendant by United States Certified, Return Receipt Requested, Restricted Delivery Mail and accepted by Defendant on December 28, 2006. 3. Date of execution of the Plaintiff's Affidavit of Consent required by Section 3301 (c) of the Divorce Code: June 3, 2008; by the Defendant: May 21, 2008. 4. Related claims pending: None. 5. Date Plaintiff s Waiver ofNotice in §3301(c) Divorce was filed with the Prothonotary: June 6, 2008. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 22, 2008. Date: June 17, 2008 KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Plaintiff ra C) -n ?„ fa- ray r c mm k o f?