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HomeMy WebLinkAbout01-5543EUGENE A. HUTCHINSON, Jr. Plaintiff, VS. TAMMY S. HUTCHINSON Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. : CIVIL ACTION - AT LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF ~ DIVORCE CODE The Plainti~ Eugene A~ Hutchinson, Jr., by and through his attomeys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE 1. The Plaintifl~ Eugene A. Hutchinson, Jr., is an adult individual whose current address is 4641 West Port Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Tammy S. Hutchinson is an adult individual whose current address is 201 S. 3'a Street, No.86, Harrisburg Dauphin County, Pennsylvania 17104. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 14, 1992 in Orlando, Florida. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff and has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this COUNT II - EQUITABLE DISTRIBUTION 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT III - CUSTODY 11. Paragraphs one (1) through ten (10) are incorporated herein by reference as if set forth specifically below. 12. There are two (2) dependent children by this marriage as follows: Stephen A. Hutchinson d.o.b. 12/06/95 Kaitlyn A. Hutchinson d.o.b. 12/22/96 13. The Defendant seeks primary physical custody, partial physical custody or visitation of all children bom of this marriage as set forth in Paragraph Twelve (12). 14. The minor children are in the custody of the Defendant. 15. The Father of the children is the Plaintiff; currently residing at the above referenced address, Paragraph One (1). 16. The Mother of the children is the Defendant, currently residing at the above referenced address, Paragraph Two (2). 17. following persons: Dates: 12/95 - 07/96 During the past five years, the children have resided at the following address with the 07/96 - 08/97 08/97 - 08/00 Addresses: List All Persons: 40 E. Flintlock Rd Ledyard, CT 06339 Eugene A. Hutchinson, Jr. Tammy S. Hutchinson 750 New Point Peter St Maxys, GA 31558 Eugene A. Hutchinson, Jr. Tammy S. Hutchinson 200 Chase Court North St. Marys, GA 31558 Eugene A. Hutchinson, Jr. Tammy S. Hutchinson 08/00 - date 201 S. 34 Street Harrisburg, PA 17055 Eugene A. Hutchinson, Jr. Tammy S. Hutchinson 18. Plaintiff resides with the following persons: No other persons. 19. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the children in this or another court. 20. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 21. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 22. The best interests and welfare of the minor children will be served by granting the relief requested, because: a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; of the children. Plaintiff is willing to continue custody of the children. Plaintiff continues to exercise parental duties and enjoys the love and affection 23. Each parent whose parental rights to the children have not been terminated end the person who has physical custody of the children has been named as parties to this action. WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of physical custody and/or visitation. Date: Respe~ ~ Matth, ~, J. Es] 2108 Market ~Iman, Esquire treet, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 EUGENE A. HUTCHINSON, Jr. Plaintiff, VS. TAMMY S. HUTCHINSON Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : CIVIL ACTION - AT LAW : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Signature: g tJi X. myrc ml SON, IlL EUGENE A. HUTCHINSON, Jr. Plaintiff, VS. TAMMY S. HUTCI-ffNSON Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - AT LAW : 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 emered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other fights 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 SItOULD TAKE TItIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT}t BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 EUGENE A. HUTCHINSON, Plaintiff VS. TAMMY S. HUTCHINSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW : IN DIVORCE SE PARATION i~ND PRQPERTY SE TTLEMENT A~EMENT THIS AGREEMENT, made this~ay of~~__ 2001, by and between EUGENE A. HUTCHINSON, JR. of Harrisburg, Pennsylvania, hereinafter referred to as Husband; and TAMMY S. HUTCHINSON of Harrisburg, Pennsylvania, hereinafter referred to as Wife, WITNESSETH THAT: WHERE/LS, Husband and Wife were married on March 14, 1992 in Orlando, Florida; and WHEREAS, Wife is a bona fide resident of the Commonwealth of Pennsylvania and has been so for at least the past six months; and WHERE/AS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since September of 2001; and WHEPuY2~S, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHERFJ~S, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Husband was represented by Matthew J. Eshelman, Esquire, who has given a full explanation of the same to his respective client, and Wife has determined to not seek counsel, having been informed of her right and the advisability of doing so; and WHEP~EAS, there are two dependent children to the marriage, namely Stephen A. Hutchinson, born December 6, 1995, and Kaitlyn A. Hutchinson, born December 22, 1996; and, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: A~RTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. 2.1 divorce. ARTICLE II - DIVORCE Divorce Action. This Agreement is not predicated on Notwithstanding the foregoing, it is, in fact, agreed and 3 acknowledged between the parties that Husband will file a divorce action against Wife, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final R~. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in 4 any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 Incorporation of Aureement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of DistributiQn. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of P, iahts of E~uitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 Marital Residenc~. Husband agrees to transfer to Wife all his interest under the current lease agreement in the marital residence at 201 S. Third St, Apt. 86, Harrisburg, Dauphin County, Pennsylvania 17104 when divorce decree is final. Both Husband and Wife agree to occupy said residence together but separately, until final divorce decree is approved, to preclude undue financial loss due to breaking lease on residence. Thereafter, Wife shall have sole and exclusive possession thereof and shall be solely responsible for all fees and rental payments incurred from said residence. Husband shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Wife all his right, title, and interest in and to the marital residence. At time of final divorce decree, Husband will vacate said residence, and both Husband and Wife will have Husband removed from the rental agreement and all responsibilities incurred by said rental agreement. 3.5 Real Estate. Both Husband and Wife agree to continue joint interest, as joint tenants with right of survivorship, in the home and property at 200 Chase Court North, St. Mary's, Georgia 31558. Husband and Wife shall have joint possession and interest thereof. Husband will be responsible for all expenses associated with this property, including but not necessarily limited to, mortgage principle and interest, real estate taxes, insurance, maintenance and repairs, so long as he is residing in the property, 7 or so long as it is rented to a third party. If the property cannot be practicably resided in by Husband or rented to another party after reasonable, good faith effort by Husband, both Husband and Wife shall be jointly responsible for the expenses associated with the property. Both Husband and Wife must jointly agree on any change in status of said property (i.e. selling, renting). It is the intention of the parties, ultimately, to liquidate this real estate, and to share equally any net loss or gain after the costs of sale, with such net loss not intended to exceed $10,000.00. It is the intention of the parties that Husband accept the costs of maintaining the property, so long as it is rented, while the equity in the property increases. 3.6 Personalty. The parties have agreed between themselves- to a division of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the 8 parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 3.7 Health Insurance R~in%bursement~. Any insurance reimbursement check received by either party, before or after the signing of this Agreement, for advance payments to medical care or prescription providers made by the other party shall be sent immediately to the party who made the advance payment. Husband shall request his insurance provider to send duplicates of any benefit letters or similar correspondence to Wife. Wife shall request that any bills from medical care or prescription providers incurred on behalf of the parties' minor children be sent to Wife. 3.8 Property to Husband. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, or as may be listed in the following paragraph, in exchange for the following assets to be transferred to Husband: Futon bed/couch Kia Sportage one television personal and military effects 3.9 ~Wife. Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, or as may listed in the preceding paragraph, to Wife: in exchange for the following assets to be transferred Ail household furniture/belongings other than those stated in paragraph 3.8 Kia Sephia 3.10 Retirement. Each party specifically waives any claim they may have against the retirement of the other. Wife agrees to make no claim ever for Survivor Benefits Program (SBP) compensation from Husband from his military service. Wife agrees to make no claim ever for any disposable retainer/retired pay earned by Husband from his military service. Husband agrees to make no claim ever for any retired pay/compensation from Wife. Each party acknowledges that the other spouse has a retirement plan or account to which the parties may have contributed martial property over the course of the marriage. Each of the parties acknowledges, without the necessity of an expert valuation that retirement assets may prove to comprise a substantial percentage of the entire marital estate. Nonetheless, each party desires to waive and specially releases any claim they may have as to the retirement assets currently or in the future in the possession of the other spouse. Each party further agrees to execute immediately upon demand any documents as may be required by the retirement plan administrator of the other spouse so as to confirm they have waived any claim right or interest thereto. 10 ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. 4.2 SPecific Outstandin~ D~bts Of Hu~d. Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Wife from any claim regarding same: - Military Star bill in Husband's name - Circuit City account in Husband's name - Brookings-Smith Funeral home for father's funeral expenses 11 4.3 SPecific Outstandina Debts of Wife. Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Husband from any claim regarding same: HRS account in Wife's name for Bowflex workout machine Globe Life Insurance account in Wife's name for Stephen A. Hutchinson Globe Life Insurance account in Wife's name for Kaitlyn A. Hutchinson Globe Life Insurance account for Wife in Wife's name Grolier's account in Wife's name Home Equity account in Wife's name 4.5 SPecific Joint Debts of Husband and Wife. Husband and Wife agree to accept joint responsibility for the following joint debts until either sold, paid in full or refinanced in either party's name: Arcadia Financial Ltd. bill jointly held by Husband and Wife as financing for 2000 Kia Sportage Americredit Financial Services bill jointly held by Husband and Wife as financing for 2000 Kia Sephia GENUS Credit Management account in Wife's name. Both parties will pay one-half monthly payments until paid in full. WELLS FARGO Home Mortgage account for property at 200 Chase Court North, St. Marys, Georgia 31558. Payments for property will be carried out per paragraph 3.5 above. ARTICLE V - ALIMONY AND SUPPORT 12 5.1 Alimony. Neither party shall make any claim whatsoever against the other for alimony, maintenance, spousal support, alimony pendente lite, or the like. 5.2 Health Insurance. Pursuant to this Agreement of the parties, Husband agrees to provide health insurance for children as part of his military service through regional TRICARE health provider. 5.3 Child SUPPort. Husband shall pay directly to Wife child support for the parties' two minor children in the amount of five hundred fifty dollars ($550.00) per child, per month, to end as each minor child reaches the age of 18 years old or leaves secondary (high) school, whichever is later. Husband and Wife shall each independently make arrangements to provide for post- secondary education of minor children as each party decides. ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attorneys Fees uDon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and 13 accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fee~. Husband and Wife agree to be responsible for their respective attorney fees. 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's 14 estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 15 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for 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 each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this 16 Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.8 Governinq Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 Bindinq. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors~ administrators, successors, and assigns. 6.10 Entire A~reement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severabili~. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly 17 represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.12 E~uitable Divi~iQn. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either 18 party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. 19 EUGENE A. HUTCHINSON, JR. Plaintiff VS. TAMMY S. HUTCHINSON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. Oi : CIVIL ACTION - AT LAW - CUSTODY : PREVIOUSLY ASSIGNED TO: N/A STIPULATION WHEREAS the parties have born to them two children, namely Stephen A. Hutchinson, born December 6, 1995, and Kaltlyn A. Hutchinson, born December 22, 1996 (the children hereafter); and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the children; and THEREFORE, this 9-~day of ~tt' ~'~ b20_?tn consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The Mother, Tammy S. Hutchinson, shall have primary physical custody of the Children. The parties shall share legal custody of the Children jointly. 2. As the Father's military service and distance permit, the Father, Eugene A. Hutchinson, Jr., shall have partial custody and visitation with the Children pursuant to the following schedule, with the exchange of custody occurring at the residence of the Mother: a. If the Father resides within 250 miles of the Children, the Father may exercise partial, physical custody alternating weekends from Saturday at 9:00 am to il Sunday at 6:00 p.m., beginning Saturday, September 29, 2001, and continuing every other weekend thereatter. b. The parties shall alternate physical custody and visitation with the children during the five holidays of Easter Day, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day; whereby the children shall spend Thanksgiving of 2001 with Father, Easter 2002 with Mother, Memorial Day of 2002 with Father, Independence Day 2002 with Mother, Labor Day 2002 with Father, Thanksgiving 2002 with Mother, and then alternating the five holidays accordingly thereafter. This holiday schedule shall supersede the regular and vacation visitation schedules. c. The parties shall alternate physical custody and visitation with the children during the Christmas/New Years holiday period of each year. This holiday period shall consist of two one-week segments not to interfere with the children's school schedule: Commencing with Christmas 2001 and in all odd-numbered years thereafter, the Mother shall have custody of the children for the first week segment, with the Father to have custody and visitation for one week on the New Years 2001-2002 holiday segment. Father shall have the first week segment in 2002 and in all even-numbered years thereafter. Both parties will alternate each segment. This holiday schedule shall supersede the regular and vacation visitation schedules. d. The Father shall have the children on the following specific days: Fathers birthday, Father's Day, and alternating children's birthdays, with Father having Stephen's birthday in odd-numbered years, and Kaltlyn's birthday in even-numbered years. The Mother shall have the children on the following specific days: Mother's birthday, Mothers Day, and alternating children's birthdays, with Mother having Stephen's birthday in even- numbered years, and Kaltlyn's birthday in odd-numbered years. 3. If the Father resides within 250 miles of minor children, Father shall have vacation visitation with the children for four weeks each Summer with reasonable notice to the Mother, starting in 2003. These weeks may be taken separately or consecutively at the option of the Father. If the Father resides in excess of 250 miles of minor children, the Father shall have vacation visitation with the children for six weeks each Summer with reasonable notice to the Mother, starting in 2003. These weeks may be taken separately or consecutively at the option of the Father. If scheduled vacation visitation is not possible due to Father's military commitments, Father shall receive commensurate compensation visitation time as agreed to by both parties. 4. One parent will travel with the children en route fi.om a period of custody or visitation, at that parent's own expense, such that the parent receiving custody will pick up the child fi.om the other parent's residence. The parties will split the costs of transportation such that each party will pay for one child's transportation expense each way. 5. The Father shall also have such additional visitation with the Children as the parties may mutually agree. 6. Neither party shall do anything which may estrange the Children fi.om the other parent or injure the opinion of the Children as to the other parent or which may hamper the free and natural development of the Children's love or respect for the other parent. 7. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring thew presence before the court, pursuant to Rule 1915.7. WITNESS WITNESS EU(J/ENE'A. HUTcI-I~SON, J~.° T'AMMY S~IUTCHINSON-' ' OOgl-g9L (LIL) PATRICK F. LAUER, JR. Attorney at Law 2108 Market Stree~ Aztec Building Camp Hill PA 17011 (717) 763-18~ , EUGENE A. HUTCHINSON, JR. Plaintiff ' iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TAMMY S. HUTCHINSON, Defendant · CIVIL ACTION - AT LAW - CUSTODY · PREVIOUSLY ASSIGNED TO: N/A CONSENT ORDER AND NOW, this I~'~ day of ~ 2001, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of~ pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. Distribution: Matthew J. Eshelman, Esq. Tammy S. Hutchinson BY THE 'C6[J-~: CU~'i~:LFi~,AJ 80U~TI"Y PENNSYL)/ANJA EUGENE A. HUTCHINSON, JR. Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA no. O/ ARTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. 2.1 divorce. ARTICLE II - DIVORCE Div r in. This Agreement is not predicated on Notwithstanding the foregoing, it is, in fact, agreed and EUGENE A. HUTCHINSON, Plaintiff VS. TAMMY S. HUTCHINSON Defendant IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY, No. CIVIL ACTION - LAW IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT A~REEMENT THIS AGREEMENT, made this ay of by and between EUGENE A. HUTCHINSON, JR. of Harrisburg, Pennsylvania, hereinafter referred to as Husband; and TAMMY S. HUTCHINSON of Harrisburg, Pennsylvania, hereinafter referred Wife, WITNESSETH THAT: ~'~ . ..-' · ~... WHEREAS, Husband and Wife were married on March 14, 19 Orlando, Florida; and ~-'-~ WHEREAS, Wife is a bona fide resident of the Commonwealtb2~of Pennsylvania and has been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since September of 2001; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Husband was represented by Matthew J. Eshelman, Esquire, who has given a full explanation of the same to his respective client, and Wife has determined to not seek counsel, having been informed of her right and the advisability of doing so; and WHEREAS, there are two dependent children to the marriage, namely Stephen A. Hutchinson, born December 6, 1995, and KaitlynA. Hutchinson, born December 22, 1996; and, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: ARTI~?.R I - SEPARATION 1.1 ~. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. 2.1 divorce. ARTICLE II - DIVORCE ~_~~. This Agreement is not predicated on Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Husband will file a divorce action against Wife, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final ResolutiQn. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 In~gr~gration of Amreement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EQUITABLE DISTRIBUTIQNOFMARITAL PROPERTY 3.1 Qri~gri~ 9f Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of P~ahts of Equitable Di~ri~tiQn. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relin~uishmen~ Qf Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 ~rit~l Residence. Husband agrees to transfer to Wife all his interest under the current lease agreement in the marital residence at 201 S. Third St, Apt. 86, Harrisburg, Dauphin County, Pennsylvania 17104 when divorce decree is final. Both Husband and Wife agree to occupy said residence together but separately, until final divorce decree is approved, to preclude undue financial loss due to breaking lease on residence. Thereafter, Wife shall have sole and exclusive possession thereof and shall be solely responsible for all fees and rental payments incurred from said residence. Husband shall if necessary at any time make, execute, and deliver any and all documents in the usual fo=m conveying, transferring, and granting to Wife all his right, title, and interest in and to the marital residence. At time of final divorce decree, Husband will vacate said residence, and both Husband and Wife will have Husband removed from the rental agreement and all responsibilities incurred by said rental agreement. 3.5 Real Est, SS9. Both Husband and Wife agree to continue joint interest, as joint tenants with right of survivorship, in the home and property at 200 Chase Court North, St. Mary's, Georgia 31558. Husband and Wife shall have joint possession and interest thereof. Husband will be responsible for all expenses associated with this property, including but not necessarily limited to, mortgage principle and interest, real estate taxes, insurance, maintenance and repairs, so long as he is residing in the property, or so long as it is rented to a third party. If the property cannot be practicably resided in by Husband or rented to another party after reasonable, good faith effort by Husband, both Husband and Wife shall be jointly responsible for the expenses associated with the property. Both Husband and Wife must jointly agree on any change in status of said property (i.e. selling, renting). It is the intention of the parties, ultimately, to liquidate this real estate, and to share equally any net loss or gain after the costs of sale, with such net loss not intended to exceed $10,000.00. It is the intention of the parties that Husband accept the costs of maintaining the property, so long as it is rented, while the equity in the property increases. 3.6 Personalty. The parties have agreed between themselves- to a division of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 3.7 Health Insurance Rei~ursements. Any insurance reimbursement check received by either party, before or after the signing of this Agreement, for advance payments to medical care or prescription providers made by the other party shall be sent immediately to the party who made the advance payment. Husband shall request his insurance provider to send duplicates of any benefit letters or similar correspondence to Wife. Wife shall request that any bills from medical care or prescription providers incurred on behalf of the parties' minor children be sent to Wife. 3.8 Property to Husband. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, or as may be listed in the following paragraph, in exchange for the following assets to be transferred to Husband: Futon bed/couch Kia Sportage one television personal and military effects 3.9 Prooertv to Wife. Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, or as may listed in the preceding paragraph, in exchange for the following assets to be transferred to Wife: Ail household furniture/belongings other than those stated in paragraph 3.8 Kia Sephia 3.10 B~tir~ment. Each party specifically waives any claim they may have against the retirement of the other. Wife agrees to make no claim ever for Survivor Benefits Program (SBP) compensation from Husband from his military service. Wife agrees to make no claim ever for any disposable retainer/retired pay earned by Husband from his military service. Husband agrees to make no claim ever for any retired pay/compensation from Wife. Each party acknowledges that the other spouse has a retirement plan or account to which the parties may have contributed martial property over the course of the marriage. Each of the parties acknowledges, without the necessity of an expert valuation that retirement assets may prove to comprise a substantial percentage of the entire marital estate. Nonetheless, each party desires to waive and specially releases any claim they may have as to the retirement assets currently or in the future in the possession of the other spouse. Each party further agrees to execute immediately upon demand any documents as may be required by the retirement plan administrator of the other spouse so as to confirm they have waived any claim right or interest thereto. 10 ARTICLE IV - DEBT~ QF THE PA~TIE~ 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. 4.2 SDecific Outstandin~ Debts of Hu~n~. Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Wife from any claim regarding same: - Military Star bill in Husband's name - Circuit City account in Husband's name - Brookings-Smith Funeral home for father's funeral expenses 11 4.3 SPecific Outstandina Debts of Wife. Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Husband from any claim regarding same: HRS account in Wife's name for Bowflex workout machine Globe Life Insurance account in Wife's name for Stephen A. Hutchinson Globe Life Insurance account in Wife's name for Kaitlyn A. Hutchinson Globe Life Insurance account for Wife in Wife's name Grolier's account in Wife's name Home Equity account in Wife's name 4.5 SPecific Joint Debts of Husband and Wif~. Husband and Wife agree to accept joint responsibility for the following joint debts until either sold, paid in full or refinanced in either party's name: Arcadia Financial Ltd. bill jointly held by Husband and Wife as financing for 2000 Kia Sportage Americredit Financial Services bill jointly held by Husband and Wife as financing for 2000 Kia Sephia GENUS Credit Management account in Wife's name. Both parties will pay one-half monthly payments until paid in full. WELLS FARGO Home Mortgage account for property at 200 Chase Court North, St. Marys, Georgia 31558. Payments for property will be carried out per paragraph 3.5 above. ARTICLE V - ALI~QNY AND $~PPORT 12 5.1 Alimony. Neither party shall make any claim whatsoever against the other for alimony, maintenance, spousal support, alimony pendente lite, or the like. 5.2 Health Insurance. Pursuant to this Agreement of the parties, Husband agrees to provide health insurance for children as part of his military service through regional TRICARE health provider. 5.3 Child SUDUOrt. Husband shall pay directly to Wife child support for the parties' two minor children in the amount of five hundred fifty dollars ($550.00) per child, per month, to end as each minor child reaches the age of 18 years old or leaves secondary (high) school, whichever is later. Husband and Wife shall each independently make arrangements to provide for post- secondary education of minor children as each party decides. ARTICLE VI - MISCEIJ~ANEOUS PRQVI~IQN~ 6.1 Attorneys Fees uDon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and 13 accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees. 6.4 Mutuml P~lemse. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's 14 estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 15 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party ha=mless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this 16 Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.8 Governina Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 Bindina. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire A~reement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 ~. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly 17 represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.12 Eouitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceabilitv and Consideratign. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either 18 party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals The day ~nd year written. 19 EUGENE A. HUTCHINSON, JR. Plaintiff VS. TAMMY S. HUTCHINSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-5543 CIVIL 2001 : : CIVIL ACTION - AT LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the 1. Ground for Divorce: Irretrievable breakdown under § 3301(c) 3301 ..... ~=, ~) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail # 1670 0005 2769 3777 delivered September 27, 2001. See Attached Affidavit of Service. on 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff 1/10/2002 ; by the Defendant 1/10/2002 (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiff's affidavit upon the respondent: ; Date of service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: Kindly incorporate without merger the attached Property Settlement Agreement. Date: 5. (Complete either paragraph (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 § 3301(c) Divorce was filed with the prothonotary: Simultaneous w/Praecipe ; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed Simultaneous w/Praecipe . with i~ Resell Matth~w~J. Law Offic9 2108 Marke Camp Hill, Pennsylvania 17011-4706 ID% 72655 Tel. (717) 763-1800 p~thonotary: Eshelman, Esquire of Patrick F. Lauer, Jr. Street, Aztec Building EUGENE A. HUTCHINSON, JR. Plaintiff VS. TAMMY S. HUTCHINSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-5543 CIVIL 2001 : : CIVIL ACTION - AT LAW : IN DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Matthew J. Eshelman, Esquire, verify that the Complaint in Divorce has been served upon the Defendant indicated 8hove by first class, Certified Mail No. 1670 0005 2769 3777, postage prepaid, return receipt requested, pursuant to the requirements of Pa. R.C.P. 1930.4. Date: Respited, Matthew J. ~ghelman, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 EUGENE A. HUTCHINSON, Jr., Plaintiff vs. TAMMY S. HUTCHINSON, Defendant :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01 - 5543 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT ~NDER SECTION 3301¢c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) or 3301 (d) of the Divorce Code was filed on September 25, 2001. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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: ~ I'~ i~~ Signature:~~/! ,AJ ~ / '  ene A. Hutchi/nson, Jr. EUGENE A. HUTCHINSON, Jr., Plaintiff vs. TAMMY S. HUTCHINSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01 - 5543 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF' S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE ~NDER 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 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. 4. 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: (~){ I ~(~) I~ Signature: e AJ'l~lltch~nson, Jr. EUGENE A. HUTCHINSON Plaintiff vs. TAMMY S. HUTCHINSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01 - 5543 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301¢C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) or 3301 (d) of the Divorce Code was filed on September 25, 2001. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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~~2~o3_ Signatur --~ammy~. Hu~cP~fnSon EUGENE A. HUTCHINSON Plaintiff vs. TAMMY S. HUTCHINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 01 - 5543 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S 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 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. 4. 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.C. 6 4904 relating to unsworn falsification to ~.~j~~ authorities. DATE: Signat S. H~tchinson IN the COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF .,~_ PENNA. EUGENE A. HUTCHINSON, JR. VERSUS TAMMY S. HUTCHINSON NO. 01-5543 Civil AND NOW, DECREED THAT DECREE IN DIVORCE EUGENE A. HUTCHINSON, JR. , IT IS ORDERED AND , PLAiNTiFF, AND ?AMM¥ , 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; None The Separation and Property Settlement Agreement dated September 24r 2001r is in¢o~ without merger, herein. Jo PROTHONOTARY