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HomeMy WebLinkAbout02-2991JASON R. BOUDREAU : IN THE COURT OF COMMON PLEAS OF Plaintiff AMY L. BOUDREAU Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 -~C~[C1VIL TERM 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 in divorce Or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-$00-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JASON R. BOUDREAU Plaintiff AMY L. BOUDREAU Defendant IN IHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW 2oo2- Ch, IL TEm IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(e) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Jason R. Boudreau, by and through his attorney, Rebecca R. Hughes, Esquire, and files this complaint in divorce against the Defendant, Amy L. Boudreau, representing as follows: 1. The Plaintiff is Jason R. Boudreau, an adult individual residing at 40 Bard Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Amy L. Boudreau, an adult individual whose last known address is 359 Old State Road, Gardners, Cumberland County, Pennsylvania ! 7324. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on August 1, 1992 in Bedford County, Pennsylvania. 5. There are two (2) children bom to this marriage: Lauren A. Boudreau, bom August 6, 1996 (age 5); and Jared R. Boudreau, bom June 8, 1999, (age 2 ~A). 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the Court require the parties to participate in counseling. 8. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties pursuant to Section 3301(c) of the Divorce Code. Date: June c~/ ,2002 By: Respectfully submitted, IRWIN. MeKNIGHT & HUGHES RebecCa R. Hughe~squire Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013~3222 (717) 249-2353 Supreme Court I.D. No. 67212 VERIFICATION I have read the statements made in the foregoing Document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Date: ,2002 JASON R. BOUDREAU, Plaintiff AMY L. BROUDEAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002-2991 CIVIL TERM : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas S. Diehl, Esquire, on behalf of Amy L. Boudreau, the Defendant in the above-captioned case. Date: AUG 1 6 2002 One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 CHASE MANHATTAN MORTGAGE CORPORATION, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNA R. FAHNESTOCK, DEFENDANT · 02-2991 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT BEFORE BAYLEY~J. AND HESS, J. ORDER OF COURT AND NOW, this _~_~k~,,, day of August, 2002, IT IS ORDERED: (1) The motion of plaintiff for summary judgment against defendant, IS GRANTED. (2) Judgment is entered in favor of plaintiff and against defendant in the amount of $67,414.74 with interest at $13.06 per diem plus additional late charges, attorney fees and costs. Mary D. Grenen, Esquire For Plaintiff /James M. Robinson, Esquire For Defendant By Court,,~~ Edgar B Bayley, J :saa IASON R. BOUDREAU, Plaintiff, vs. MY L. BOUDREAU, Defendant IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH : : CIVIL ACTION - LAW : NO. 2002-2991 PRAECIPE TO WITHDRAW/ENTERAPPEARANCE To the Prothonotary: At the request of the Defendant, Amy L. Boudreau, please withdraw Thomas S. Diehl's appea~r~e--~.~.co~el~ ~ of record. Thomas S. Diehl Please enter the appearance of Karen L. Koenigsberg on behalf of the Defendant, Amy L. Boudreau. Respectfully Submitted, DIS~INGER AND DI~INGER K~re~ L. K~eni~ber4 ~ Attorney for De~endant~ Supreme Court ID # 85556 Dissinger and Dissinger 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 NOV 0 5 2012 DiSSINGER & JASON R. BOUDREAU, Plaintiff vs. L. BOUDREAU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 2002-2991 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on June 21, 2002 and served on June 28, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably .broken and ninety (90) days have elapsed from the date of filing service of the Complaint. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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: ~//$/~ Amy ,'.. Boudreau, Defendant JASON R. BOUDREAU, Plaintiff AMY L. BOUDREAU, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2002-2991 CIVIL TERM : : lN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 21, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: April 25, 2003 JASON R. BOUDREAU, Plaintiff AMY L. BOUDREAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 2002-2991 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses 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 at~er it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: April 25, 2003 J ON O JDREA J Plaintiff JASON R. BOUDREAU, Plaintiff V. AMY L. BOUDREAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 2002 - 2991 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : state: NOW, Rebecca R. Hughes, Esquire, being duly sworn according to law, does depose and 1. That she is a competent adult and attorney for the Plaintiff in the captioned action. That a certified copy of the Complaint was served upon the Defendant Amy L. Boudreau on June 28, 2002 by certified mail, return receipt requested, addressed to 359 Old State Road, Gardners, Pennsylvania 17324, with return receipt number 7001 2510 0009 2828 4869. o That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Jason Boudreau ,' · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is deSired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C, ARD~ PA 17324 2. Article Number.(Copy from service le/~el) 7001 251~0 0009' 2828.4869 PS Form 3811 ~ Domestic Return Receipt [] Agent :lifferant from/tern 17 [] If YES. enter delivery address below: I'"l No 3. Service Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes 102595*00.M.0952 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT made this ~$~ day of ~ii , 2003, by and between Jason R. Boudreau ("Husband"), of 1024 South 4th Street, Chambersburg, Franklin County, Pennsylvania and Amy L. Boudreau ("Wife") of 329 Old State Road, Gardners, Cumberland County, Pennsylvania. WITNESSETH= WHEREAS, the parties hereto are Husband and Wife, having been married on the 1st day of August in 1992. There was born two (2) children of this marriage, said children being: Lauren A. Boudreau, age 6, Jared R. Boudreau, age 3. The parties have no other issue, living or deceased, and ]lave no adopted children. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and as a result they have lived separate and apart since February 14, 2002. A proceeding for the divorce of the parties has been filed by the Husband in the Court of 2002 No. 2002-2991. It live separate and apart the parties hereto are Common Pleas of Cumberland on June 21, is the intention of Wife and Husband to for the rest of their natural lives, and 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 ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony pendente lite, alimony and/or maintenance of Wife by Husband and of Husband by Wife; the settling of all matters between them relating to the past, present and future support and/or maihtenance of their children; the implementation of custody/visitation arrangements for their minor children and possible claims by one a~3ainst the other and against their respective estates. NOW THEREFORE, in consideration of the above recitals and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A EAR 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. Husband filed a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of the Commonwealth of Pennsylvania, and this Agreement is contingent upon the Husband proceeding with said divorce, and Wife filing her Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree thereto upon the expiration of the waiting period. Said Affidavit and Waiver shall be promptly transmitted to counsel for Husband who will immediately file a Praecipe to Transmit Record and any other necessary documents to precipitate the prompt entry of a decree of divorce. 2. EFFECT OF DIVORCE DECREE -2- The parties agree that unless otherwise specifically provided herein, 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. 3. INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect final settlement, with reference to each party of: a complete and Ail of the respective property and property rights of the parties, and the obligation of each party for the support of each other, and the parties agree that the terms of this Agreement shall be incorporated but not merged into any final divorce decree which may be entered with respect to them. 4. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 5. 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. -3- 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. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support payments, if any, provided for in this Agreement shall ~2ake effect as set forth in this Agreement. 7. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 8. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect have been fully explained to the parties by their respective counsel, Karen L. Koenigsberg, Esquire, attorney for Wife, and Rebecca R. Hughes, Esquire, attorney for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and the parties acknowledge that execution of this Agreement is not the result of an}, duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. -4- In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 e__~t, seq., whereby the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, full, knowing the same and being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. In addition, each party hereto acknowledges that, under the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 e__t. seq., the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right tc have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties, rights to a divorce~, alimony, alimony pendente -5- lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. 9. REAL ESTATE Wife will retain the marital residence located at 359 Old State Road, Gardners, Pennsylvania. Wife will either assume the current mortgage in her name individually or refinance the home within thirty (30) days of executing tlhis agreement. In the event that Wife is unable to refinance in a reasonable time, then Wife shall make a good faith effort to ~sell the home in order to relieve Husband of his liability under the mortgage. 10. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothe~,- furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of 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 each other. Wife shall retain her separate checking and savings accounts. Husband shall retain his separate checking and savings accounts. -6- Co Each waives any claim they may have to the pension, retirement, mutual funds and/or profit sharing plan or other retirement benefits of the other. do In exchange for waiving any claims to Husband's pension, retirement, mutual funds and profit sharing plan and counsel fees, costs and expenses, Husband shall make a one time lump sum payment of $5,000.00 to Wife, which will be paid within thirty (30) days of execution of this Agreement. [1. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: The 1997 Honda Accord DX Sedan 4D shall become the sole and exclusive property of Husband, subject to its liens and encumbrances. The 1997 Jeep Grand Cherokee Laredo Sport Utility 4D shall become the sole and exclusive property of Wife, subject to its liens and encumbrances. 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 said executed titles shall be delivered to the proper parties on the "distribution date. 12. LIABILITIES ASSUMED BY WIFE Wife shall assume individual responsibility for the following marital debts: -7- 4 o 5. 6. 7. Over $2,000.00 in property taxes owed by the parties on the marital home; Cornerstone Visa credit card which has a balance of approximately one-thousand nine-hundred dollars ($1, 900.00) ; Cornerstone FCU Loan which, at date of separation, had an approximate balance of nine hundred dollars ($900.00); QVC credit card which has an approximate balance of six hundred and fifty dollars ($650.00); Lowes credit card which has an approximate balance of two thousand seven hundred dollars ($2,700.00); Wife's vehicle loan which has an approximate balance of eight thousand seven hundred dollars ($8,700.00); and the mortgage which has an approximate balance of ninety-four thousand dollars ($94,000.00). Wife will hereafter assume each respective debt due and )wing as of the date of execution hereof, and shall indemnify and hold Husband and his property harmless from any and all liability with respect to the debts hereby assumed by Wife. 13. LIABILITIES ASSUMED BY HUSBAND Husband shall assume following marital debts: 1. 2 o individual responsibility for the Husband,s vehicle loan which has an approximate balance of four thousand six hundred dollars ($4,600.00); Discover credit card which has an approximate balance of three thousand five hundred dollars ($3,500.00); AT&T Mastercard which has an approximate balance of two thousand one hundred dollars ($2,100.00); -8- and the First American National Bank Loan (SBI) which has an approximate balance of two thousand nine hundred dollars ($2,900.00). Husband will hereafter assume each respective debt due and owing as of the date of execution hereof, and shall indemnify and hold Wife and her property harmless from any and all liability with respect to the debts hereby assumed by Husband. 14. ASSUMPTION OF ENCUMBRANCES Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearages or deficiency has been given to the receiving party )riot to the execution of this Agreement. .5. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party -9- and his or her property harmless from any and all such debts, obligations and liabilities. 16. INDEMNIFICATION OF WIFE If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole !expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 17. INDEMlqIFICATION OF HUSBAND If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against ar~ such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs cf court and attorney's fees incurred by Husband in connection therewith. 18. WAIVER OF ALIMONY The parties acknowledge that inflation may increase or decrease, their respective incomes may' change, that either may be employed or unemployed at various times in the future, that their respective assets may substantially increase or decrease in value, and that notwithstanding these or other economic circumstances, the parties acknowledge that they each have sufficient property and resources to provide for her or his reasonable needs and that each is able to support himself or herself without contribution from the other. Therefore, the parties hereby expressly waive, -10- discharge and release any and all rights and claims which they may have now or hereafter have, by reason ,Df the parties' marriage, to alimony, alimony pendente lite, support or maintenance and they acknowledge that this Agreement constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from tlhe other party. 19. TA~ RETURNS ~ AUDITS Husband and Wife represent that all federal, state and local tax returns required to be filed by Husband and Wife have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by such returns are paid. Husband and Wife further represent there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of Limitations on the assessment or collection of any tax for such periods. 20. TAXES FOR YEAR OF DIVORCE Husband agrees to be liable and obligated and shall timely pay and hold Wife and her property harmless from any liability of Husband for federal income tax (including penalties and interest) as shown on his separate United Sta~es individual income tax return for the tax year 2003. Wife agrees to be liable and obligated and shall timely pay and hold Husband and his property harmless from any liability of Wife for federal income tax (including penalties and interest) as shown on her separate United States individual income tax return for the tax year 2003. -11- In the event the Internal Revenue Service determines an allocation between the parties for federal income taxes for the calendar year 2003, then Husband and Wife agree they will allocate liability for their federal income taxes for 2003. Any difference shall be accounted for between Husband and Wife, and paid for by one to the other, so as to conform to the tax liability allocation herein with any ultimate tax liability determined by the Internal Revenue Service 21. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 22. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall kereafter 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 fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 23. LEGAL FEES Each party will be fees and costs. responsible for their respective counsel 24. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY Husband and Wife agree and hereby do release and renounce any claim they may have against the other party for spousal support, alimony pendente lite, alimony and maintenance. -12- 25. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore incurred or contracted any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them including those for necessities except for the obligations arising out of this Agreement. 26. WARRANTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other's legal representatives, property or estate may be responsible. Each hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 27. 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 time to come, and for all purposes whatsoever, of and from any and all rights, 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 or by law of dower or curtesy, or claims in the nature of -13- dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the int.estate 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 other state, Commonwealth or territory of the United States, or 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, equitable distribution, 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 provision of this Agreement. 28. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may also reside at such place or places as he or she 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, or malign each other or the respective families of each other., nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, except that neither party is relieved or discharged from any -14- )bligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 29. GENERAL PROVISIONS This Agreement shall be effective from and after the time of its execution, however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce. The support provisions of this Agreement shall take effect immediately upon execution. 30. WAIVER OR NODIFICATION TO BE IN WRITING No modification, recission, amendment 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. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. 31. I~-u~fUAL COOPERATION Each party shall on demand execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 32. LAW OF PEN-NSYLVA~IA APPLICABLE -15- This Agreement and all acts contemplated by it shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 33. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the par~ies. 34. 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 other than those expressly set forth herein. 35. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement, including all Schedules and other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, or has waived the opportunity to do so, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. 36. 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 -16- construed as a waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 37. SEVERABILITY The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or Ilprovision of this Agreement shall be determined or declared to be ivoid, unenforceable or invalid in law (~r otherwise, then only that iterm, condition, clause or provision :=hall 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 the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 38. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a ]part of this Agreement nor shall they affect its meaning, construction or effect. EXECUTED in triplicate on the day and year first above written. Amy L. B~Dud~ea~ -17- JASON R. BOUDREAU, : IN THE COURT OF CO]VI]MON PLEAS OF Plaintiff AMY L. BOUDREAU, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 2002 - 2991 C]?g~/L TERM : : 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Amy L. Boudreau by certified mail, restricted delivery, on or about June 28, 2002. The Affidavit of Service was filed with the Prothontoary on or about May 23, 2003. 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 plaintiff: April 25, 2003; by defendant: April 16, 2003. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 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: (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: May 16, 2003. IN THE COURT OF COMMON PLEAS JASON R. BOUDREAU, Plaintiff VERSUS ANY L. BOUDREAU, OF CUMBERLAND COUNTY STATE OF ~~ PENNA. No. 2002-2991 DECREE IN DIVORCE ~:r, IT IS ORDERED AND DECREED THat Jason R. Boudreau , PLAINTIFF, AND Amy L. Boudreau , 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 Narriage Settl~mp.t Agreement dated tpril 25, 2003, and signed by the parties is hereby incorporated into this Decree but not merged. By THE COURT: C ~--~" · ~PROTHONOTArY