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HomeMy WebLinkAbout06-7307 Quintina M. Laudermilch, Esquire Daley, Zucker & Gingrich 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 taudermilch dz law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. CONNORS, JR., Plaintiff V. AMBER ANN CONNORS, Defendant No. 2004-0- 7307 CIVIL ACTION - LAW IN DIVORCE NOTICE 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 in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. 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, Pennsylvania 17013 (717) 249-3166 DALEY, ZUCKER & GINGRICH, LLC Date: By: Quintina M. Laudermilch, Esquire Supreme Court ID # 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff Quintina A Laudermilch, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermilch dz law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. CONNORS, JR., 7 3 0 7 c3 J? 1 -ttrh. Plaintiff No. 200 6 " V. CIVIL ACTION - LAW AMBER ANN CONNORS, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is David P. Connors, Jr., who currently resides at 413 Pitt Street, Enola, Cumberland Count, Pennsylvania, since 2000. 2. Defendant is Amber Ann Connors, who currently resides at 811 Valley Road, Enola, Cumberland County, Pennsylvania, since December 9, 2006. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 7, 2005, at Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 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. 4 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about December 9, 2006. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC Date: j?gt?d ?v BY' uintina M. Laudermilch, Esquire Supreme Court ID #94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION I, David P. Connors, Jr., verify that the statements made in this Complaint 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: Z?Z710?4 David P. Connors, Jr., laintiff CERTIFICATE OF SERVICE 1, Jennifer L. Carl, Paralegal, hereby certify that on this <0 day of It aw 'YI 200 e true and correct copy of the Complaint in Divorce was served upon the Defendant, Amber Ann Connors, by United States Mail, Certified-Return Receipt Requested, Restricted Delivery, Postage pre-paid, to the following address: Amber Ann Connors 811 Valley Road Enola, PA 17025 Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC By: Je if L. Carl, aral 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 CA V V C31 ry ++ ?VI Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermilch@dzmmjzlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. CONNORS, JR., Plaintiff V. No. 2006-7307 CIVIL ACTION - LAW AMBER ANN CONNORS, Defendant IN DIVORCE AFFIDAVIT OF SERVI?E Quintina M. Laudermilch, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on January 3, 2007, she did serve upon Amber Ann Connors, the Defendant in the foregoing case, a true and correct Copy of the Complaint in Divorce by sending her, by Certified Mail, Restricted Delivery, to 811 Valley Road, Enola, Pennsylvania, 17025. The return receipt for which is attached. Said copy of the Complaint was duly endorsed with notice to Defendant. Sworn and subscribed before me this eday of 64 r?' 2007 Now. VIAL GLORIA M. RINE COY OF W AG, Nft QW"W Cot#a "'?' Mftn E"*.. Nov a. 2007 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Gt.? Quiptina M. Laudermilch, Esquire Supreme Court I.D. #94664 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attdrney for Plaintiff m t ° cc to EH ? tr- m Postage f-q CeNeed Fee 0 O (C now, Receipt Fee (Endorsement Req W, C3 Restflcted Del Fee k" Er (Endorsement Re quireM CO rU Total Postage & Fees 0 SW C3 [ ['? S`treef, Apt - p 1, 2. and 3. Also complete Deuvery is deeked. ¦ Prtnt YOu name and address on.the reverse so that we can?n the card to you. L!Ar -!9:** >Ib the back or the rnatiptece, ny space permits. 1.M?. Am1Q?r inn &Ac)(5 ??ol.a.; tzoaJ A. 13 Agent by (P#nW nw * c. Date of DWIfty D below: 3-t-ErTI fen" from" t? D Yes lCTED Oft i a Ma mile" 13 Reoe?t for Mencrswx lee D k6wMd MON ? C.O.D. 4. Restricted Nov W (t uba fee) Q 2. ArWe Number _ (liar?s1(e.fixrraerr?aewt '1 ? qb 00m PS For, 3811, February 2oD 4 Dwmft PA tum p cso 1025954244.1540 ` .? ?-n (? Quintina M. Laudermilck Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 daudermilch(a d a w com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. CONNORS, JR., Plaintiff V. AMBER ANN CONNORS, Defendant No. 2006-7307 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 28, 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. 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: 9-/9-D 7 David P. Connors, ., Plainti Q ?, ?t ?+ ' ?,# ; 4? ? "?' ?? ?:' ?? ?" _ ?$ 3 ?"" ?? ? Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 daudermilchCa,dunmg aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. CONNORS, JR., Plaintiff V. No. 2006-7307 AMBER ANN CONNORS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(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: 9- -iS David P. Connors, Jr., Plain i '-v m t"E"i PT , Ln Quintina M. Laudermilch, Esquire DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermilch@dzmM& aw com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. CONNORS, JR., . Plaintiff No. 2006-7307 V. CIVIL ACTION - LAW AMBER ANN CONNORS, . Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 28, 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. 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: I- )q-6 Amber Ann onnors, Defendant r4t G too roc:' . y cn Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 daudermilchCa?dzmm aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. CONNORS, JR., Plaintiff No. 2006-7307 V. CIVIL ACTION - LAW AMBER ANN CONNORS, Defendant 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 unworn falsification to authorities. Date: Amber Ann Connors, Defendant C= 9:13 CC 3s' 5 - 0 cn Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 daudermilch@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. CONNORS, JR., Plaintiff No. 2006-7307 V. CIVIL ACTION - LAW AMBER ANN CONNORS, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this 1_11-ay of , 2007, by and between David A Connors, Jr. whose permanent residence is located at 413 Pitt Street, Enola, Cumberland County, Pennsylvania, 17025, hereinafter referred to as Husband, and Amber Ann Connors whose current address is 811 Valley Road, Enola, Cumberland County, Pennsylvania, 17025, hereinafter referred to as Wife. 977NESSETH WHEREAS, Husband and Wife were lawfully married on May 7, 2005 in Camp Hill, Cumberland County, Pennsylvania; and WHEREAS, Husband filed a Complaint for Divorce on December 28, 2006 in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket Number 2006-7307. WHEREAS, Certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. ADVICE OF COUNSEL: The parties acknowledge that each has had the opportunity to consult with an attorney of the party's choice. Husband is represented by Quintina M. Laudermilch, Esquire of Daley Zucker Meilton Miner & Gingrich, LLC. Wife has voluntarily chosen not to be represented by counsel. To the extent Wife has chosen not to be represented by counsel, Wife has knowingly and voluntarily, without persuasion, influence, or coercion by Husband, waived the right to do so with respect to the advisability of entering into this agreement, and elects to enter into the agreement and be legally bound by its terms. It is further acknowledged by the unrepresented party that she has not relied on any representations made by counsel for Husband. 2. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 3. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be 2 necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 4. WARRANTY OF DISCLOSURE: Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any 3 action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) or (d) of the Divorce Code of 1990. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. 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. 4 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other personal property and hereafter 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. 9. MOTOR VEHICLES/TRUCKS/BOAT: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 2006 Hyundai currently titled in Wife's name shall become the sole and exclusive property of Wife subject to the lien on the vehicle. Wife covenants and agrees to pay and discharge the lien on said vehicle in accordance with its terms and agrees to indemnify Husband from any loss by reason of his default in the payment thereof and agrees to save Husband harmless from any future liability with regard thereto. B. The 2004 Ford Expedition currently titled in Husband's name shall become the sole and exclusive property of Husband subject to the lien on the vehicle of approximately Twenty Seven Thousand Two Hundred Eighty Six and 29/100 ($27,286.29) Dollars. Husband covenants and agrees to pay and discharge the lien on said vehicle in accordance with its terms and agrees to indemnify Wife from any loss by reason of her default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto. 5 C. The 2001 International 9400 currently titled in Husband's name shall become the sole and exclusive property of Husband subject to the lien on the vehicle of approximately Twenty-Three Thousand Two Hundred Ten and 51/100 ($23,210.51) Dollars. Husband covenants and agrees to pay and discharge the lien on said vehicle in accordance with its terms and agrees to indemnify Wife from any loss by reason of her default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto. D. The 2001 Glastron GS229, which was purchased by Husband prior to the parties' marriage, and is therefore not marital property, shall remain the sole and exclusive property of Husband. E. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 10. REAL PROPERTY: The parties acknowledge that Husband is the titled owner of certain house and lot and all improvements thereupon situated at 413 Pitt Street, Enola, Cumberland County, Pennsylvania, 17025 (hereinafter referred to as the "Marital Residence"). The parties hereby agree Husband shall remain the sole and exclusive owner of the Marital Residence, and shall be permitted to take any action with respect thereto that she deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Marital Residence. Wife shall execute any and all documents required to transfer all of her right, title and interest in the Marital Residence to Husband and deliver said documents to Husband. Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital 6 Residence, including, but not limited to, the mortgages, with an outstanding balance of approximately Seventy-Seven Thousand Three Hundred and Thirty and 09/100 ($77,330.09) Dollars, the home equity loan, with an outstanding balance of approximately Twenty-Three Thousand Seven Hundred Ninety One and 38/100 ($23,791.38) Dollars, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's interest in the Marital Residence. 11. TIME SHARE: The parties acknowledge that they are joint owners of a time share in Myrtle Beach, South Carolina. The parties hereby agree Husband shall become the sole and exclusive owner of the Time Share. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Time Share. Wife shall execute any and all documents required to transfer all of her right, title and interest in the Time Share to Husband and deliver said documents to Husband. 12. AFTER-ACQUIRED PERSONAL PROPERTUREAL ESTATE: 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, and any real estate hereafter acquired by him or her, 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. 13. DEBTS: A. MARITAL DEBT: Other than the debts enumerated herein, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations of which they are aware or for which the other might be liable incurred prior to the signing of this Agreement. 7 (1) The Parties acknowledge that Husband will assume and pay in full the following marital debts: a. Visa Card with an outstanding balance of approximately Three Thousand Three Hundred and 00/100 ($3,300) Dollars. b. Medical bills with an outstanding balance of approximately Nine Thousand and 00/100 ($9,000) Dollars. (2) Husband hereby agrees to have Wife's name removed from any and all joint credit cards he is responsible for paying by the date of execution of this Agreement and Wife hereby agrees to have Husband's name removed from any and all joint credit cards which she is responsible for paying by the date of execution of this Agreement. (3) Husband shall indemnify and save harmless the Wife from any and all claims or demands made against him by reason of debts or obligations for which he is responsible. 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, the party owing said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred 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. C. FUTURE DEBT: Except as otherwise herein provided, from the date of the 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. 14. LIFE INSURANCE: To the extent that either of the parties have life insurance policies, simultaneously with the execution of this Agreement, those policies shall become the 8 sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either party from designating beneficiaries under or encumbering their respective life insurance policies. 15. HEALTH INSURANCE: Each party shall bear responsibility for obtaining and maintaining his or her own health insurance coverage and for his or her own unreimbursed medical expenses. 16. ALIMONY: Husband hereby agrees to pay Wife Two Hundred and Fifty and 00/100 ($250.00) Dollars per month for the purposes of alimony until December 2007. Said payments shall be made on the first day of each month and the final payment to Wife shall be made on December 1, 2007. Wife hereby waives any and all claims she may have for any future alimony, spousal support or alimony pendente lite. 17. WAIVERS OF PENSION INTERESTS: The Parties hereby specifically release and waive any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. 18. DIVISION OF BANK ACCOUNTS: The parties acknowledge that any and all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. Husband and Wife hereby waive all right, title, claim or interest they may have by 9 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. 19. 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. 20. INCOME TAX: The Parties have heretofore filed joint federal and state tax returns. Both Parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The Parties hereby acknowledge that they plan to file separate federal, state, and local income tax returns for the tax year of 2007 and all ongoing years. 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. 10 22. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301(c) or (d) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint on December 28, 2006. Both parties shall, at the time of the execution of this Agreement, furnish Husband's attorney with an Affidavit of Consent and Waiver of Notice evidencing that each of them consents to the divorce. Each of the parties agree that 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 Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. 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 on the parties for all time. 23. 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. 24. 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, whether arising out of the marital relationship or otherwise, including all 11 rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, 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. 25. 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 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 12 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. 26. SEPARABILITY OF PROVISIONS: 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 continue in full force, effect and operation. 27. 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. 28. 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. 29. 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. 13 30. 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. 31. 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 32. 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 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. 33. 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. 14 IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: eq. A-it's David P. Connors, Jr. -NM4-."&Wn.,w Amber Ann Connors 15 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF DAUPHIN ) On this, the day of 4::?au.L 2007, before me, a notary public, the undersigned officer, personally ap ved P. Connors, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. N b11000MMONINEALTM OF PENNSYLVANIA NOTARIAL SEAL JANET M. FISHER, NOTARY PUBLIC LOWER PAXTON TOWNSHIP, DAUPHIN COUNTY MY COMMISSION EXPIRES OCTOBER 19, 2008 COMMONWEALTH OF PENNSYLVANIA ) } COUNTY OF Lch SS. ; n ) On this, the 1911 day of u,Q 2007, before me, a notary public, the undersigned officer, personally Amber Ann Connors, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. N Public COMMONWEALTH OF PENNSYLVANIA NOT AM SEAL JANET M. FISHER, NOTARY PUBLIC LOWER PAXTON TOWNSHIP, DAUPHIN COUNTY MY COMMISSION EXPIRES OCTOBER 19, 2005 ('? Fri 1-0 4rt? ? ty 0 Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 daudermilchlu?dzmma QW.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. CONNORS, JR., Plaintiff No. 2006-7307 V. CIVIL ACTION - LAW AMBER ANN CONNORS, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A true and correct copy of the Divorce Complaint was served on Defendant, Amber Ann Connors, via Certified Mail, Restricted Delivery on January 3, 2007. An Affidavit of Service was filed on August 17, 2007. 3. As required by Section 3301(c) of the Divorce code, Plaintiff and Defendant executed their respective Affidavits of Consent on September 19, 2007. The Affidavits are being filed contemporaneously herewith. f ti 4. Related claims pending: None. The parties executed a Property Settlement Agreement on July 13, 2007, A copy of which is being filed contemporaneously herewith. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Waivers of Notice of Intention to Request Entry of Divorce Decree on September 19, 2007. The Waivers of Notice are being filed contemporaneously herewith. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: Q 9 By: tina M. Laudermilch, Esquire Supreme Court ID # 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff ca r O713 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DAVID P. CONNORS, JR. Plaintiff N O. 2006-7307 VERSUS AMBER ANN CONNORS Defendant DECREE IN DIVORCE AND NOW, X-00:7, IT IS ORDERED AND DECREED THAT David P. Connors, Jr. , PLAINTIFF, AND Amber Ann Connors ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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 Marital Settlement Agreement made and entered into cre by reference thereto, but not merged into this Decree. E A Flo/ ?r