Loading...
HomeMy WebLinkAbout07-0136DAVID W. HALK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL ANIA V. NO. KELLY J. HALK, CIVIL ACTION - LAW 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 of other rights important to you, including the 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 Office of the Prothonotary. 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 DAVID W. HALK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 0 IL KELLY J. HALK, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, David W. Halk, by and through his attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is David W. Halk, an adult individual, currently residing at 319 W. Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Kelly J. Halk, an adult individual, currently residing at 319 W. Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married on September 25, 1999, in New Kingston, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I - Divorce 7. The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part hereof. 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 10. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. RESPECTFULL Date: s D 'Charles Rect r, Es 1104 Fernw od Avenue, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 I verify that the statements made herein 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. aCAM.rA, W A ?`r? David W. Halk Date: I y 2007 7j- %-` ` I%`%. I _/ w V z r-- > C_:- r.? it 1 Gd W Qn m ??"? y 9-t C? DAVID W. HALK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-136 CIVIL TERM KELLY J. HALK, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OFSERVICE I, Matthew Hunt, Private Investigator, hereby certify that I personally served the Divorce Complaint filed in the above-captioned matter, to Kelly J. Halk, Defendant, on January / 0 2007, at approximately // -S' o'clock A ..m. a"1V_ k?7 - __? Matthew Hunt Date: /-/O 'D I .. co f e ? Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclavna,dzmmglaw. corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA cenery nve Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Defendant DAVID W. HALK, Plaintiff V. KELLY J. HALK, Defendant Docket No. 07-136 (Civil Term) CIVIL ACTION-LAW (In Divorce) PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Daley Zucker Meilton Miner & Gingrich, LLC and Lindsay Gingrich Maclay, Esquire, on behalf of the Defendant, Kelly J. Halk, in the above-captioned matter. DALEY ZUCKER MEITLON MINER & GINGRICH, LLC Date: pp By: if Midi nn say Gin ri M ay, squi u eme Co I.D. 917954 1029 S D ' CC.' Charles Rector, Esquire, Counsel for Plaintiff, 1104 Fernwood Avenue, Suite 203, Camp Hill, Pennsylvania, 17011-6912 Kelly J. Halk, Defendant ?? ? ? t_;" ?? -n -. = - ? _..r ? _? --, _- _, _ n7 ; . " ` -• ??; ;? ?: ==< DAVID W. HALK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-136 CIVIL TERM KELLY J. HALK, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 8, 2007. 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. 1. 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 1 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 herein 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. ,OQ,? Qk )+A David W. Halk Date: T`. V0_ C7 r? r i DAVID W. HALK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-136 CIVIL TERM KELLY J. HALK, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 8, 2007. 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. 1. 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 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 herein 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. ---1.4 X=?, /?? - y . Halk Date: AL t"7 ~ a ? ta c m w '?)Qo CA-1°1- Apt-) Lindsay Gingrich Maclay, Esquire ? Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclav@dzmrn aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID W. RALK, Plaintiff No. 07-136 (Civil Term) V. CIVIL ACTION - LAW KELLY J. HALF Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this aO ? day of September, 2007, BY and BETWEEN Kelly J. Halk of 319 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D David W. Halk whose current address is also 319 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS R.l: The Parties hereto were Husband and Wife, having been joined in marriage on September 25, 1999 in New Kingston, Cumberland County, Pennsylvania; and R.2: No children were born of the marriage; and R.3: Differences have arisen between the Parties, in consequence of which Husband filed a Complaint in Divorce on January 8, 2007; and lw1 K? R.4: The Parties have resolved that it is not possible to continue the marital 9?aq/v'f relationship between them for reasons known to them, in consequence of which, although still physically living in the same residence, they are living separate and apart; and R.5: It is the desire and intention of the Parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property. heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.6: The Parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.7: The Parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and R.8: * Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and that Husband has been independently represented by Charles Rector, Esquire; and jow o CoC\ -a&1 R.9: Both Husband and Wife each covenant that they have made full and OW7 complete disclosure to the other of his and her respective property holdings and income; and R.10: Each Party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each Party. Each Party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each Party had an opportunity to do an independent valuation of the assets, liabilities and income of the other Party. To the extent either Party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each Party at all times hereafter to live separate and apart from the other Party at such place or places as he or she from time to time may choose or deem fit, free from any. control, restraint or interference from the other. Neither Party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other.proceeding. Neither Party shall disparage or discredit the other in any way, nor in any -way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any 0 disaffection or disloyalty or disrespect between the members of the family of either Party. 11001 Each Party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement and/or the terms of any Custody Agreement or Order. (2) DIVORCE: The Parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneously with the execution of this Agreement the Parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize the Divorce. Said Affidavits and Waivers will immediately thereafter be filed in the Cumberland County Prothonotary's Office. If either Party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other Party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The Parties are the joint owners of certain real property located . at 319 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). Contemporaneously with the signing of this Agreement, Husband and Wife shall execute a Special Warranty Deed wherein Husband conveys all of his right, title and interest in and to the Marital Residence to Wife. Wife shall, on or before September 21, 2007, refinance the joint first mortgage, with an approximate balance of $86,000 into her name, individually. After Wife has refinanced the joint mortgage obligation solely into her name, she shall pay to Husband on or before September 28, 2007, a total of Thirty-Two Thousand Seven Hundred Twenty-Six ($32,726.00) Dollars for his interest in and to the marital estate, which includes his interest in and to the Marital Residence. The said amount shall be considered equitable distribution and as such, will have no tax consequence to Husband. Wife specifically agrees to hold harmless Husband with regard to all payments associated with the Marital Residence from the date of execution of this Agreement, forward, including, but not limited to the mortgage payments, taxes, and homeowner's insurance. Husband shall transfer the marital residence to Wife pursuant to the terms of this Agreement, in the same or similar condition as it exists at the time of execution of this Agreement, normal wear and tear excepted. In the event that Husband causes any damage to the Marital Residence until such time as he has physically vacated the Marital Residence (in no event later than October 1, 2007), Husband shall be solely responsible for the cost of any such damage. Both parties will obtain an estimate of the cost associated with any repairs no later than October 12, 2007 and Husband shall pay to Wife, within five (5) days of receipt of both estimates, the lower amount to have the repairs made in a workman-like manner. Husband shall vacate the marital residence without further request on or before October 1, 2007. Husband also has a 1/3 interest in and to a property more commonly known as 901 High Street, Bressler, Pennsylvania. Simultaneously with the execution of this Agreement, Wife shall execute a Spousal Waiver waiving any and all interest she may have in and to the real property in Bressler, Pennsylvania. (4) DEBT: A. MARITAL DEBT: Other than the joint mortgage referenced in Paragraph 3, above, 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. 1wtt 0(- kavl ol ?0 B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either Party contracted or incurred any debt since the date of separation on or about January 8, 2007, the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C. FUTURE DEBT: Except as otherwise herein provided, from the date of this Agreement neither Party shall contract or incur any debt or liability for which the other Party or his or her property or estate might be responsible and shall indemnify and save harmless the other Party from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other Parry. (5) MOTOR VEHICLES: The Parties acknowledge that they individually hold titles to the vehicles in their individual possession. Husband hereby relinquishes any right, title or interest he may have in and to the Toyota Highlander currently in Wife's possession. Wife shall maintain separate insurance on the Toyota Highlander currently in her possession. Wife shall, from the date of execution of this Agreement, hold harmless and indemnify Husband from any loss thereon. Wife specifically agrees to assume. full responsibility and pay in due course, any encumbrance on the Toyota Highlander currently in her possession. Wife hereby relinquishes any right, title or interest she may have in and to the Toyota Camry currently in Husband's possession. Husband shall acquire and maintain separate insurance on the vehicle currently in his possession. From the date of execution of this Agreement, Husband shall hold harmless and indemnify Wife from any loss thereon. Husband specifically agrees to assume full responsibility and pay in due course, any encumbrance on the vehicle currently in his possession. _?\A >\ (6) TANGIBLE PERSONAL PROPERTY: The Parties hereto mutually agree that they have agreed to a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them. They mutually agree that each Party shall, from and after the date hereof, be the sole and separate owner of all such property whether said property was heretofore owned jointly or individually by the Parties hereto. This Agreement shall have the effect. of an assignment or bill of sale from each Party to the other for such property as may be in the individual possession of the Parties hereto. Upon Husband leaving the Marital Residence (on or before October 1, 2007), he shall take with him all items of personal property that the parties have agreed will be his. (7) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each Party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other parry, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans, 403 (b) plans and the like. The parties acknowledge that Wife, individually,'holds the following investments: 1) A Merrill Lynch Simple Plan, account number ending in 0663, which as of March 30, 2007 had an approximate balance of $3,915; and 2) A MerrillLynch SEP Plan ending in 6682, which as of March 30, 2007 had an approximate balance of $9,906; and 3) A Lincoln Financial SARSEP Annuity, account number ending in 4414, which had a marital component worth approximately $ 2,947; and 4) A Janus Funds HU, account number ending in 8865, which as of March 31, 2007 had an approximate balance of $3,648; and 5) Getty Stock, which Wife had acquired pre-maritally. ISYAM ?-?? awl Husband acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of Wife's investments, above, and any marital interest he may have therein, and notwithstanding same, in exchange for the cash payment to Husband under Paragraph 11 of this Agreement, Husband hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to Wife's aforesaid investments. The parties acknowledge that Husband, individually, holds the following investments: 1) A Vanguard Health Care Account ending in 3384, which had a marital component worth approximately $3,665; and 2) A Merrill Lynch Account ending in 6211, which as of March 30, 2007 had an approximate balance of $4,788; and 3) A Merrill Lynch Account ending in 0662, which as of March 30, 2007 had an approximate balance of $4,076. Wife acknowledges that she has been informed of her right to obtain an independent appraisal and/or valuation of Husband's investments, above, and any marital interest she may have therein, and notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's aforesaid investments. (8) LIFE INSURANCE: To the extent that either of the Parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the 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. AA) J? a (9) AFTER ACQUIRED PROPERTY: Each of the Parties shall hereafter 1W own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. (10) WAIVER OF ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each ' Party waives any claim. he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (11) CASH PAYMENT: In exchange for Husband waiving his right, title and interest in and to various marital assets in this Agreement, Wife shall pay to Husband via personal check, on or before September 28, 2007, a total amount of Thirty-Two Thousand Seven Hundred Twenty-Six ($32,726.00) Dollars. This payment is meant to be equitable distribution and is therefore, not intended by either party to be a taxable event. (12) DIVISION OF BAND ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (13) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standard with regard to the rights of each Party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the Parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (14) 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. (15) ADVICE OF COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Wilton Miner & Gingrich, LLC, and Husband has been independently represented by Charles Rector, Esquire. Each Party acknowledges that they fully understand the facts and have-been fully informed of their legal rights and obligations and each accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Wry C) ' ?C ?, 01 01(11 (16) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (17) INCOME TAX: 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. The Parties hereto agree that Wife shall be entitled to take any of the mortgage interest, real estate taxes and any other deductible expenses paid for 2007 on the Marital Residence for purposes of claiming said deduction on her tax. return. Should the Parties owe any tax liability or receive any returns on any and all taxes filed jointly by the Parties during the course of their marriage, the Parties hereto agree to equally divide any such tax liability and/or tax return. (18) 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. CA - (19) COMPLETE DISCLOSURE: The Parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (20) WAIVER OF APPRAISALS: The Parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain 'formal valuations or appraisals of all assets, including, but not limited to the real estate, the personal property, the vehicles, and 401 K's and retirement accounts, some or all of which were acquired during the marriage and therefore constitute marital property. However, the Parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this Agreement, represents a fair and equitable distribution. (21) 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. (22) 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 DQVk xO 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 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. (23) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, Each Parry 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 or otherwise, 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, widows, 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 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. (24) 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. (25) 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. (26) INCORPORATION INTO DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the Parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they -b\41 o'_r y)wo--, shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. (27) 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. (28) 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. (29) 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. ct .-1Gl' a?°? (30) DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. (31) PRESERVATION OF RECORDS: Each Party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each Party will allow the other Party reasonable access to those records in the event of tax audits. (32) 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. (33) 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. (34) 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. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have hereunto set their to this Agreement the day and year first above written: WITNESS: Charles Rector, E ' e Attorneyfor Pl tiff David W. Halk, Ptaintiff in say G' 'I J6 ch clay, Esq ' e Kelly , Defendant A rney Defendant 0M K COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF CUMBERLAND ? On this, the day of , 2007, before me a Notary Public, in and for the Commonwealth of Penns lvania, the undersigned officer, personally appeared David W. Halle, 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 have hereunto set my hand and official seal. NOTARIAL SEAL TAMMY S. FAUST, Notary Public Lower Alin Twp., Cumbedad Couaty My Co>•uWm Espire:3uly 59 2110 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ac'4 4 h otary PubW ly Commission Expires: 7/5/16 SS: On this, the 4aay of 2007, before me a Notary Public, in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Kelly J. Halk, 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 have hereunto et my hand and official seal. r Notary Public My Commission Expires: 1/ - 0 4!?'-0-7 NOTARIAL SEAL GLORIA M. RINE Notary Puble CITY OF HARRISBURG. DAIXHN COUNTY My Commission Expires Nov 5.2007 ? ? € -;-? ??` = a3 rn -?3 ? `Y far' C7? ?. ?---? ? .. w _ '_. ,:??? " t ? ?t t ~ ? ,._.? •-- •-? ...- DAVID W. HALK, Plaintiff V. KELLY J. HALK, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-136 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record together with the following information, to the Court for entry of a divorce decree: 1. Ground for a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Personal Service - January 10, 2007 (See Affidavit of Service filed January 18, 2007). 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 09/19/07, by the Defendant 09/20/07. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim pending: None - All claims have been settled and outlined in the parties' Marriage Settlement Agreement dated 09/2007. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary 09/24/07. Date Defendant's Waiver of Notice in § 3301(c) was filed with the Prothonotary 09/24/07. Charles Rector, Esquire Attorney for the Plaintiff Date: 09/25/07 O K r '-C)Fn Phim IN THE COURT OF COMMON PLEAS DAVID W. BALK VERSUS KELLY J. HALK DECREE IN DIVORCE OF CUMBERLAND COUNTY STATE OF PENNA. No. 07-136 Civil Term AND NOW, Cgck 4-jont 1Z- IT IS ORDERED AND DECREED THAT David W. Halk , PLAINTIFF, AND Kelly J. Halk , 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' Property Settlement & Separation Agreement dated September 20, 2007, is incorporated herein by reference the Pennsylvania Divorce Code. -1-7-40 BY THE ATTEST: J /kROTHONOTARY Irv o/ M f