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HomeMy WebLinkAbout02-3245SANDRA L. SAWYER, Plaintiff vs. EDWARD J. SAWYER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3245 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF SERVICE I, Lori K. Serratelli, Esquire, being duly sworn according to law, depose and say that I served the Divorce Complaint in the above-captioned matter, by depositing it in the United States mail, Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: Edward Sawyer 310 4tn Street Summerdale, PA 17093 The return receipt card is attached hereto. Dated: -7/~5 /0~- ~~' '~Q~ ' Lori//K.~Serratelli, Esquire SERB~TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiff Sworn and Subscribed to before me this~P~day of ~ , 2002. NOTARY --PUBLIC ' ~---- My Commission Expires:~--7-~ Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here SAIqDRA L. SAWYER, Plaintiff VS EDWARD J. SAWYER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAIqD COUNTY, PENNSYLVANIA : NO. O a -- 32q : CIVIL ACTION - 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 entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT WISH TO FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GR3kNTED, 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 HELP. COURT ADMINISTR3kTOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE, 4TM FLOOR CARLISLE, PA 17013 (717) 240-6200 SANDRA L. SAWYER, Plaintiff VS EDWARD J. SAWYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Lori Serratelli, Esquire and the law firm of SERRATELLi, BROWN & CALHOON, P.C., and seeks to obtain a Decree from the above-named Defendant, fully set forth: SCHIFFMAN, in Divorce upon the grounds hereinafter more COUNT I DIVORCE Plaintiff is Sandra L. Sawyer, who currently resides at 310 4th Street, Pennsylvania, 17093 since 1988. Number is 209-52-0814. 310 since 1988. Box 228, Summerdale, Cumberland County, Plaintiff's Social Security 2. Defendant is Edward J. Sawyer, who currently resides at 4th Street, Summerdale, Cumberland County, Pennsylvania 17093 Defendant's Social Security Number is 182-46-2797. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 1, 1982, in Cumberland County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there are two children of the parties under the age of 18, namely Jennifer Sawyer, born May 21, 1985; and Jessica Sawyer, born May 17, 1988. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. 11. Paragraphs reference herein. COUNT II ALIMONY one through ten are hereby incorporated by 12. through appropriate employment. 13. Plaintiff lacks sufficient property, limited to, any property distributed pursuant Plaintiff is unable to adequately support herself including but not to the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant: (a) Compelling the Defendant to pay alimony to Plaintiff; COUI~T III A/~IMONY PEI~-DEI%~TE LITE, COUI~SEL FEES A~D COSTS 14. Paragraphs one through ten are hereby incorporated by reference herein. 15. That by reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 16. That the Plaintiff's income is disproportionately lower than Defendant's income, and Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without adequate funds to maintain herself during the pendency of the litigation. 17. The Plaintiff is employed at Shut Fine Market and earns approximately $12,770 gross per year. 18. The Defendant is employed at Lear's Carpet and earns approximately $47,927 gross per year. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant to pay Plaintiff alimony pendente lite and counsel fees and costs of litigation. COUNT IV EQUITABLE DISTRIBUTION 19. Paragraphs one through ten are hereby incorporated by reference herein. 20. Plaintiff states that Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by the court. 21. Plaintiff requests that this court grant equitable distribution. WHEREFORE, Plaintiff prays (a) (b) (c) that Your Honorable Court: Equitably distribute all property, personal and real owned by the parties; Grant Plaintiff exclusive possession of the marital residence; Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Lorif/~er~atel~i, Esquire SE~2~LLI, SCHIFFM.I~, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statement made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Sandra L. Sawyer VERIFICATION I verify that the statement made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Sandra L. Sawyer SANDRA L. SAWYER, Plaintiff VS. EDWARD J. SAWYER, Defendant · IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-3245 Civil Term · CIVIL ACTION - LAW ._ · IN DIVORCE (1) (2) (3) (4) (5) AFFDAVIT OF CONSENT ANI~. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE A Complaint in Divorce under 3301(c) of the Divorce Code was filed on July 2, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the C. omplaint. I consent to the entry of a final decree of divorce, without formal notice of the intention to request entry of divorce decree. 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATED SANDRA L. SAWYER SANDRA L. SAWYER, Plaintiff VS. EDWARD J. SAWYER, Defendant : IN THE COURT OF COMMON PLEAS :CUMBER_LAND COUNTY, PENNSYLVANIA : : : No. 02-3245 Civil Term : : CIVIL ACTION - LAW : : IN DIVORCE (1) (2) (3) (4) (5) AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DWORCE CODE A Complaint in Divorce under 3301(c) of the Divorce Code was filed on July 2, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce, without formal notice of the intention to request entry of divorce decree. 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 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATED EDWARD ~/~AWYER(-/ SANDRA L. SAWYER, Plaintiff Vo EDWARD J. SAWYER, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · 02-3245 Civil Term · CIVIL ACTION - LAW · IN DIVORCE .PRAECIPE TO TRANSMIT TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint:_. Certified Mail, Return Receipt Requested on July 27, 2002. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent and waiver of notice of intention to request divorce decree required by Section 3301(C) of the Divc~rce Code: by plaintiff: 12-12-02 by defendant: 12-18-02. (b)(1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of Plaintiffs Affidavit upon the Defendant: N/A. 4. Notice of Intention to Request Entry of Divorce Decree with attached form Counteraffidavit Waived by Plaintiff and Defendant. See 3.(a) above) 5. Related claims pending: .No Claims Remain Dated: Lorifl~. S~/rate]'li,~sq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff MATRIMONIAL SETTLEMENT AGREEMENT AGREEMENT, c.': THIS made this j ~ day of t ,2002~,,~tw~ SANDRA L. SAWYER, hereinafter called "Wife" and EDW. MID J. SAWYER,~}eina~r called "Husband". WITNESSETH The parties hereto, being Husband and Wife were lawfully married on August 1, 1982 in Cumberland County, Pennsylvania; There were three children born of the parties; namely: Dustin Sawyer, bom December 23,1982; Jennifer Sawyer, born May 21, 1985 and Jessica Sawyer, born May 17, 1988; Diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating: to the 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, alimony pendente lite and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Iq~TJSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT TO BAR DIVORCE PROCEEDINGR This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an 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 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 or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in WIFE's Cun~berland County divorce action docketed to number 02-3245 Civil Term. As soon as possible under the terms of said Divorce Code, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE 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. 4. AGREEMENT TO BE INCORPORATED INTO DWORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or 3 hereafter enacted. 6. DATE OF EXECUTION[ 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. 7. DISTRIBUTION DATE The transfer of property, fimds and/or documents provided 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. 8. FINANCIAL DISCLOSURT~ 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. Husband and Wife shall at all times hereafter have the fight to live separate and apart from each other and to reside fi.om time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interferences whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. Neither party shall do or say anything to the children of the parties which might in any way influence the children adversely toward the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 10. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall fi:om and after the date thereof be the sole and separate owner of all tangible personal property present in his or her possession. 11. REAL PROPERTY The parties acknowledge that they are joint owners of real estate known as 310 Fourth Street, Summerdale, Cumberland County, Pennsylvania 17093. There is currently a mortgage against the marital home with Chase Manhattan Mortgage in the .approximate amount of $40,000.00. The parties agree that upon the execution of this Agreement, they shall sign all documents necessary in order to list the marital residence for sale. Upon the sale of the residence, all proceeds from the sale, after payment of the mortgage and closing costs, shall become the sole and exclusive property of Wife. The parties agree that until the house is sold, they shall continue to pay all bills associated with the marital residence, including, but not limited to the mortgage, taxes, insurance and utility bills as each parties' financial condition permits. 12. AUTOMOBILES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1985 Pontiac Grand Am shall become the sole and exclusive property of Wife. (b) The 1986 Mustang, ~" ~/19 .(Model) shall become the sole and exclusive property of Husband. (c) the 1985 Mitsubishi Eclipse shall become the sole and exclusive property of Husband. (d) The 1996 Mustang Cobra shall become the sole and exclusive property of Husband and Husband shall satisfy the remaining loan balance owed t loan encumbering said vehicle. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject 'to a lien, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefore and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property ofth.e other pursuant to the terms of this Paragraph. 13. DE_.~_B_~ The parties acknowledge that in addition to the mortgage and car loans referred to in Paragraphs 11 and 12 herein, they are jointly obligated on a Bank of Landisburg Visa credit card, Account No. 429809286001, with an approximate balance of $700.00. Both parties agree that they shall continue to contribute equally to the balance owing on the credit card until such time as it is paid in full. 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 agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property iharmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 14. EMPLOYEE BENEFIT PLAN~ Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax: Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property in whose name or through whose employment said plan is carried. 15. DIVISION OF BANK ACCOGNTS The parties acknowledge that their marital bank account with the Bank of Landisburg, Joint Account No.3620026 will be maintained by the parties until such time as the marital residence is sold. At that time, the parties agree that if any funds remain in said account, they shall be divided equally between the parties. 8 16. RAILROAD RETIREMENT BENEFIT8 Husband acknowledges that as a result of his employment with the Railroad, he is entitled to railroad retirement benefits. Wife, pursuant to statute, is entitled to a spousal portion of said benefits. The parties agree that Wife shall be entitled to her spousal tier benefits as provided under said plan. 17. STOCK ACCOUNTS The parties acknowledge that Husband and Wife are the.joint owners of the following stock accounts: a. Putnam Mutual Fund, Client No. 0004182952 with a value of $57,594.19 as of September 30, 2002. Wife does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim she may have in this account which the parties agree shall become the sole and exclusive property of Husband. 18. LIFE INSURANCE Husband agrees to maintain at least one term life insurance policy with a death benefit of $50,000.00 on which the parties' children shall be named as irrew)cable beneficiaries on until such time as they reach 21 years of age. Proof of said policy as designation of beneficiary shall be exchanged by the parties on a yearly basis, or at the request of either party. 19. CUSTODy The parties agree that they shall have shared legal custody of their children with Mother having primary physical custody of the children and Father having partial physical custody of the children as mutually agreed upon by the parties. 20. CHILD SUPPORT Husband acknowledges that the Pennsylvania child support guidelines mandate Husband to pay the sum of $660.00 per month payable on the 1 st day of each month directly to Wife for the support of the parties' minor children. Wife agrees to advise Husband on a monthly basis if she will agree to accept less than the $660.00 per month based on Husband's request to pay less than required by law. Said payments shall continue until the first child graduates from high school at which time the support obligation for Husband will be recalculated either by agreement or by the Court based upon current incomes and support for one child. The child support shall be terminated upon the second child graduating from high school or reaching 18 years of age, whichever occurs later. This Agreement shall not barr either party from adjusting the term or amount of support due hereunder, either by negotiation with the other party, or, if necessary, by resort to a Court of proper jurisdiction. In the event an Order of Support is entered by a Court of 10 appropriate jurisdiction, which makes adequate provision for the support of the person or persons covered by this paragraph, this Agreement shall not have any continuing independent effect, but shall be deemed to have merged into, and been replaced entirely by, the obligation to pay support pursuant t° said Court Order. Should Husband become delinquent in the payment of child support for a period of 30 days, he agrees to the entry of a Support Order through the Domestic Relations Office pursuant to Pa.R.C.P. 1910, et seq. He also agrees in the event an Order is entered to a wage attachment to satisfy the child support obligation. Husband/Wife shall maintain the children as dependents on his medical insurance provided through his employment until such time as they graduate college provided that such insurance is available to him through his employer. The parties shall equally share in the payment of the children's medical expenses not covered by insurance or excluded by the deductible. Both parties shall be responsible for the payment of the tbes owed to their own attorney. Husband and Wife do hereby waive, release and give up any rights which they may respectively have against the other for payment of counsel fees. ii 22. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 23. DI AIVER FPR E RI HT Each party understands that he or she has the fight to obtain fi.om the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party had the tight to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold heatings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different fi.om the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best i[nterests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties ihereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non- marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, re~nedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 24. FURTHER DEBT Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 25. FURTHER DEBT Husband shall not contract or incur any debt or liability, for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 26. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands,, past, present and future specifically from the following: spousal support from the other, alimony, alimony pendente lite, division of property, claims or rights of dower and right to live :in the marital home, right to act as executor or administrator in the other's estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other, any claim or right in the distributive share or intestate share of the other parties' estate. 27. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations 14 assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 28. INCOME TAX PRIOR RETURNS The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemniJ~ and hold harmless the other fi.om and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint rems. 29. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 30. ENTIRE AGREEMENt_. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 31. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 32. FULL DISCLOSURF, Each party asserts that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any maimer whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 33. COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 34. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: (1) Is fully and completely informed as to the facts relating to the subject matter and their Agreement as to the rights and liabilities of both parties; (2) Enters into this Agreement voluntarily after receiving the advice of independent counsel; except that Husband has been advised by Wife's attorney that he has the right to independent counsel and has voluntarily chosen not to be represented and has acknowledge that he fully understands that Wife's attorney represents only Wife's interests and not his own and he has nonetheless chosen to be unrepresented in this matter. (3) Has given careful and mature thought to the making of this Agreement; (4) Has carefully read each provision of this Agreement; (5) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 17 35. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 36. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other' respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her 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. 37. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 38. HEADINGS NOT PART OF AG]~EEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PART/ES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNE S S: SANDRA L. SAWYEI~ IN THE STATE OF SANDRA L. SAWYER, Plaintiff VERSUS EDWARD J. SAWYER, Defendant COURT OF COMMON OF CUMBERLAND COUNTY PENNA. PLEAS NO. 02-3245 civil DECREE IN AND NOW, DECREED THAT DIVORCE SANDRA L. SAWYER 2003., IT IS ORDERED AND , PLAINTIFF, AND EDWARD J. SAWYER , DEFENDANT, ARE DIVORCED from THE BONDS OF mATrimoNY. Further, the Matrimonial Settlement Agreement executed by the parties on December 18~ 2002 is incorjporated herein and the parties are Ordered to comply with the I HE 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; NO CLAIMS REMAIN *of said Agreement. ATTEST: _ , ,I j. / ~~~THONOTARY