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HomeMy WebLinkAbout07-0505 GARY L. ROTHSCHILD, ESQUIRE PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 CYNTHIA L. McGEARY, Plaintiff V. CLYDE M. McGEARY Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07 - SaS 0- 1 L;t ('?_7? 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 GARY L. ROTHSCHILD, ESQUIRE PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 CYNTHIA L. McGEARY, Plaintiff V. CLYDE M. McGEARY Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. U 7- -I'Oy (? ( ?c - IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by her attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above named Defendant, upon the grounds hereinafter more fully set forth: COUNT I - DIVORCE 1. Plaintiff is Cynthia L. McGeary, who currently resides at 26 East Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055, having so resided since October 1988. 2. Defendant is Clyde M. McGeary, who currently resides at 100 Locust Way, Dillsburg, York County, Pennsylvania 17019, having so resided since December, 2006. 3. Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 10, 1987, in Dauphin County, Pennsylvania. 5. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 6. There has been no prior action for divorce or 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 requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to: a) enter a Decree in Divorce from the bonds of matrimony, and b) such other relief as the Court may deem equitable and just. Respectfully submitted, Date: 7.Q 0 By: ZOLI IA6 Gar L. Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. / /q a Date ? R tea. D o :i ?. f GARY L. ROTHSCHILD, ESQUIRE PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 CYNTHIA L. McGEARY, Plaintiff V. CLYDE M. McGEARY Defendant TO THE PROTHONOTARY: Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-505 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Clyde M. McGeary, the above-named Defendant do hereby accept service of the Complaint in Divorce filed by Cynthia L. McGeary on or about January 24, 2007. Date: ©©? 47 - By: A yde M. , 100 Locu Way ' Dillsburg, Pe sylvania 17019 ? t--3 O i --m 5 ?T MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this W- - THIS of 2007, between CYNTHIA L. MCGEARY, hereinafter referred to as "Wife" and CLYDE M. MCGEARY, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto, being Husband and Wife were lawfully married on January 10, 1987 in Dauphin County, Pennsylvania; and WHEREAS, there were two children born of the parties, namely, Samantha C. McGeary, date of birth May 2, 1992, and Emma M. McGeary, date of birth August 10, 1996; and WHEREAS, Wife is in the process of commencing an action in Divorce in the Court of Common Pleas of Cumberland County (hereinafter referred to as the "Divorce Action"); and WHEREAS, 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 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; and WHEREAS, the parties hereto, Wife being represented by Gary L. Rothschild, Esquire, and Husband not being represented by counsel, although fully understanding his right to be represented by counsel, have each exchanged information as to the property, assets, and liabilities owned by each as requested or elected not to exchange such information as to the financial status of each party hereto. NOW THEREFORE, the parties hereto, in consideration of the above recitals, 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, Husband and Wife, each intending to be legally bound hereby, and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise 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 A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on legal 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. Each party shall execute an "Affidavit of Consent" and "Waiver of Notice of Intention To Request Entry of a Divorce Decree" upon the expiration of the mandatory ninety (90) day waiting period. 2 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 IN DIVORCE 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 and specifically referenced in the Divorce Decree. 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 pendent lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereinafter 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. 3 7. DISTRIBUTION DATE The transfer of property, funds, documents and/or any other thing or 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 DISCLOSURE The parties confirm that each has relied on the accuracy of the financial disclosure, to the extent requested by the other party, as an inducement to the execution of this Agreement. 9. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they respectively deem fit, free from any control, restraint, or interference 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 proceeding. 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. 10. DIVISION OF BANK ACCOUNTS AND SAVINGS BONDS The parties hereto mutually covenant, acknowledge and agree that they have separated their financial accounts to their mutual satisfaction and each agrees to the following: A. Husband shall receive and be the sole owner of : i) Husband's PSECU savings and checking accounts, and ii) All savings accounts, savings bonds and bank accounts in Husband's name alone. B. Wife shall receive and be the sole owner of i) Wife's PSECU checking and savings accounts, 4 ii) United States Savings Bonds in Husband and Wife's name with a face value of approximately $ 17,000.00 which Husband agrees to transfer into Wife's name alone and which Wife agrees to use for the college expenses of the parties' children should either child attend college., iii) The parties' mortgage escrow account, and iv) All savings accounts, savings bonds and bank accounts in Wife's name alone. The parties hereto mutually covenant, acknowledge and agree that any monies, interest or dividends received subsequent to the execution of this agreement shall be the property of the party receiving the asset from which the payment, interest or dividend arose. The parties hereto mutually covenant, acknowledge and agree that any bank/credit union accounts or brokerage accounts not identified in this paragraph, which is held solely in individual names, shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive, release, renounce and forever abandon whatever right, title, interest or claim he/she may have in the other party's respective accounts as well as those listed in this paragraph. 11. DIVISION OF AUTOMOBILES. A. Division of Automobiles. The parties acknowledge that they are the owners of three automobiles. The parties agree to the following division of the automobiles: (i) The 1998 Volvo Cross Country shall become the sole and exclusive property of Wife. The parties acknowledge that there is an outstanding loan on this vehicle, owed to PSECU, of approximately $ 5,000.00. (ii) The 1999 MPV Dodge Durango shall become the sole and exclusive property of Husband. The parties acknowledge that there is an outstanding loan on this vehicle, owed to PSECU, of approximately $ 4,000.00. (iii) The 1971 Ford Econoline shall become the sole and exclusive property of Husband. The parties acknowledge that there is no outstanding loan on this vehicle. B. Transfer of Ownership. If requested, the parties agree to execute the titles or assignments of lease agreements to the aforesaid vehicles, if appropriate, to effectuate the transfer as herein provided within thirty (30) days of the execution of this Agreement and said executed title/assignments shall be delivered to the proper party within thirty (30) days of the execution of this Agreement. For the purposes of this Paragraph the term "title" shall be deemed to include a "Limited Power of Attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. C. Indemnification. 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 (i) take it subject to said lien, encumbrance, lease or other indebtedness; (ii) shall be solely responsible therefore and (iii) 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 of the other pursuant to the terms of this Paragraph. The parties acknowledge they know of no liens, encumbrances, leases or other indebtedness to which any of the aforementioned vehicles is subject to, except those liens, etc. set forth in this Paragraph. 6 12. PERSONAL PROPERTY The parties hereto mutually agree that Husband has numerous personal items at the marital residence and it may take some time for Husband to remove said items. The parties agree that Husband shall be permitted to remove these items provided he gives Wife reasonable notice of his intent to remove said items. Any items remaining at the marital residence after the first anniversary of the execution of this Agreement shall be deemed waived by Husband and shall become the property of Wife. Except for the items of property which are personal to Husband, the parties mutually agree that all items located at the marital residence, including all furniture, household furnishings, appliances and other household personal property shall, from and after the date of this Agreement, be the sole and separate property of Wife. 13. RETIREMENT BENEFITS, ASSETS AND PLANS The parties acknowledge that, as a result of their employment prior to and during the marriage, each party has accumulated retirement benefits, including, but not limited to, Husband's Husband's 401(k) with R. E. Krall, Inc. (with an approximate value of $ 23,000.00), Husband's IRA SEP and Roth IRA (with an approximate value of $ 58,000.00), Wife's retirement benefits with SERS (with approximate contributions by Wife of $ 56,000.00), Wife's deferred compensation account with SERS (with an approximate value of $ 40,000.00) and Wife's Roth IRA (with an approximate value of $ 17,000.00). The parties acknowledge that they have exchanged full information about the above- referenced benefits, had them examined and valued by experts, or elected to voluntarily waive exchanging such information and/or such valuation, and have reached agreement upon the distribution of those assets in the future. 7 With regard to such benefits, accounts and assets, the parties agree that Wife shall receive and be entitled to any and all retirement benefits, deferred compensation accounts, 401(k) accounts, 403(b) accounts, individual retirement accounts, or other retirement accounts now, or in the future, in her name or earned by her through her employment. Husband shall receive and be entitled to all retirement benefits, deferred compensation accounts, Keogh, 401(k) accounts, 403(b) accounts, individual retirement accounts or other retirement assets now, or in the future, in his name or earned by him through his employment. 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 the retirement plans separately stated in this paragraph as well as any Pension Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any other employee benefit plan of the other party (collectively referred to as "Employee Benefit Plans") and hereafter said Employee Benefit Plans shall become the sole and separate property of the party named in the Employee Benefit Plans or through whose employment said Employee Benefit Plans are carried. The party receiving the retirement account shall be responsible for any and all outstanding loans associated with the account. 14. REAL PROPERTY-MARITAL RESIDENCE. The parties hereto mutually covenant and agree that the real estate they own jointly, as tenants by the entireties, and being known and numbered as 26 East Maplewood Avenue, Mechanicsburg, Pennsylvania, (hereinafter referred to as the "marital residence") was acquired during the marriage. The parties agree that the ownership of the marital residence shall be transferred into Wife's name alone. Husband agrees to execute a Deed, to be prepared by Wife's attorney, to transfer the marital residence to Wife. The marital residence is subject to a mortgage, with Fifth 8 Third Bank, Cincinnati, Ohio, of approximately $ 59,300.00 and an equity loan, with PSECU, of approximately $ 18,200.00. Wife agrees to (i) take the marital residence subject to said mortgage and equity loan; (ii) be solely responsible therefore and (iii) agrees to indemnify, protect and save Husband harmless from said mortgage and equity loan. Husband does specifically waive, release, renounce and forever abandon whatever right, title and interest he may have in the marital residence which shall become the sole and separate property of Wife. The parties acknowledge that they know of no mortgages, liens, encumbrances or other indebtedness to which the marital residence is subject to, except those mortgages, liens, encumbrances or other indebtedness set forth in this Paragraph. 15. INSURANCE POLICIES The parties acknowledge that Husband and Wife have, or may have, one or more life insurance policies. With regard to any such insurance policies, the parties agree that Husband shall receive and be entitled to the value of his insurance policies and Wife shall receive and be entitled to the value of her insurance policies. 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 the insurance policies separately stated in this paragraph and hereafter said insurance policies shall become the sole and separate property of the party named as the owner therein. The party receiving the insurance policy shall be responsible for any and all outstanding loans associated with said policy. 16. CUSTODY OF CHILDREN A. Legal Custody. The parties agree that Wife shall have sole legal custody of the parties' two (2) minor children, Samantha, date of birth May 2, 1992, and Emma, date of birth August 10, 1996. The parties agree that major decisions 9 concerning their children, including, but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by Wife after consultation with Husband. B. Physical Custody. Primary physical custody of the minor children shall be with Wife. Husband shall receive such portions of partial physical custody as the parties shall mutually agree. 17. COLLEGE EXPENSES FOR CHILDREN Husband and Wife agree to each pay for one-third (33 1/3%) of the future college expenses of the parties' children. College expenses shall include fees, tuition, books, and room and board. 18. MISCELLANEOUS PROPERTY All marital property not otherwise mentioned in this Agreement shall be hereafter owned by the party to whom the property is titled; and if untitled, by the party in possession. This Agreement shall constitute a sufficient Bill Of Sale to evidence the transfer of any and all rights in such property from each party to the other. 19. DEBTS The parties acknowledge that, other than the debts indicated in paragraph 11. (auto loans) and paragraph 14. (mortgage and equity loan on the marital residence) they have no other joint debts. Husband acknowledges that he has or may have individual credit cards in his name alone and that he pays off the outstanding balances of all said cards as they become due or shall continue to make all required monthly payments on said cards until the balance is paid in full. 10 Wife acknowledges that she has or may have individual credit cards in her name alone and that she pays off the outstanding balances of all said cards as they become due or shall continue to make all required monthly payments on said cards until the balance is paid in full. Except as stated herein, each party agrees to be solely responsible and liable for his/her debts in their individual names, as set forth above. Except as stated herein, each party agrees to pay their debts as the same become(s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. 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 become(s) due, and to indemnify and hold the other party and his or her property harmless 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 not use any credit card or other debt instrument for which the parties have joint liability or any potential liability. The parties agree to cooperate in closing any remaining accounts which provide for joint liability. 20. BANKRUPTCY It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. Should either party file for bankruptcy and attempt to discharge any debts for which that party has been encumbered or agreed to pay, under this agreement, the decision as to whether or not said debts 11 may be discharged shall rest with the Cumberland County Court of Common Pleas and the parties hereto acknowledge that said Court shall have exclusive jurisdiction to render this decision. 21. LEGAL FEES. COSTS AND EXPENSES Wife acknowledges that she has been represented in this matter by Gary L. Rothschild, Esquire and Husband acknowledges that he has not been represented in this matter. The parties acknowledge and agree that each shall be responsible for the payment of the fees owed to their respective attorney, if any. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of counsel fees. The parties acknowledge and agree that each shall be responsible for the payment of any and all costs and expenses incurred by that party. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of costs and expenses. 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 and language of this Agreement. 23. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she had the right to obtain from the other party a complete inventory or list of all of the property that either or both parties owned at the time of separation and at the time and/or owned at this time and that each party had the right 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 hearings 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 from 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 interests, and that the Agreement 12 , , 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 hereby 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 divide and 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, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, counsel fees, costs and expenses. 24. FURTHER DEBT Wife agrees that she 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 Husband harmless from 13 • i, f any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 25. FURTHER DEBT Husband agrees that he 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 Wife harmless 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 written Agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future, including, but not limited to the following: spousal support, 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 of 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 and any claim or right in the distributive share or intestate share of the other parties' estate. 27. TAX ON PROPERTY DIVISION. The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit reduction Act of 1984 or other similar tax acts (hereinafter the "Act"), specifically, the provisions of the said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and caused to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provision of said Act. As to transfers to which the Act 14 , , f may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. As to transfers for which the parties are or may be jointly liable, the parties hereto agree to contribute equally to such taxes, penalties and/or interest. 28. TAX RETURNS The parties have, prior to tax year 2006, filed joint tax returns, including federal, state and local returns. For all tax years prior to 2006, 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 party, each agrees to indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith and the parties hereto agree to pay for any tax, penalty or interest resulting from their respective incomes or deductions. As to any joint income or joint deduction, for all tax years prior to 2006, the parties agree to share equally in the payment of any tax, penalty or interest resulting from their joint income or deductions. The parties have agreed to file their 2006 federal, state and local tax returns as married filing jointly. The parties have further agreed that Wife shall receive any tax refunds associated with these filings and shall also be liable for any taxes owed for such 2006 tax filings. 29. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and 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 15 • . L i This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or wrtten, of any nature whatsoever, other than those contained herein. 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. BREACH AND 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 either extra judicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable for all expenses of curing the default, including, but not limited to reasonable attorneys' fees, court costs and expenses. 33. AGREEMENT ENTERED INTO VOLUNTARILY AND AGREEMENT CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: A. Has carefully read each paragraph and each provision of this Agreement; B. Has given careful and mature thought to the making of this Agreement; C. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, including the parties' assets and liabilities, or elected to waive obtaining such information; D. Has reviewed this Agreement with his/her counsel or elected not to retain counsel; E. Has received guidance as to his/her rights and obligations under this Agreement or elected to waive this right; 16 • F. Enters into this Agreement voluntarily after receiving the advice of independent counsel or after waiving his/her right to obtain counsel; and G. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 34. AMENDMENT OR MODIFICATION This Agreement may only be amended or modified by a written instrument signed by both parties. 35. 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 or duties under this Agreement or any one or more of the paragraphs of this Agreement, with the exception of the satisfaction of any conditions precedent, shall in no way void or alter the remaining obligations or duties of the parties. 36. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. 37. HEADINGS NOT PART OF AGREEMENT 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 17 PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES 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. Witn s ! CY HI . C ("Wife" "itness C DE R "Husban d") 18 C s ? ?t C --.' ,,,,,? ' :.?= ?? ? ? csti ' ? : ?i ?, --t, .. ,,,,,? ?? ' ? = ? '-n ?. -' ; -?' '?? ..:: ,y' GARY L. ROTHSCHILD, ESQUIRE PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 CYNTHIA L. McGEARY, Plaintiff V. CLYDE M. McGEARY Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-0505 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on January 24, 2007. 2. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: // 0 /1"7 By: 9A C7 ?. c !n {F 4 GARY L. ROTHSCHILD, ESQUIRE PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 CYNTHIA L. McGEARY, Plaintiff V. CLYDE M. McGEARY Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-0505 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 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. 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: 5- ® d By: ynt a L. McGeary, P intiff o _ rn cn ? - __ t 3y r r ?j m . GARY L. ROTHSCHELD, ESQUIRE PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 CYNTHIA L. McGEARY, Plaintiff V. CLYDE M. McGEARY Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-0505 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on January 24, 2007. 2. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: #5`Qg of By C) ? C= 9n - C- rn ? f ;: 1 ..1? tom :PP 7-s1 r GARY L. ROTHSCHILD, ESQUIRE PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 CYNTHIA L. McGEARY, Plaintiff V. CLYDE M. McGEARY Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-0505 : IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 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. 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: ?^ ?? By: ? r-3 O "' lJ CYNTHIA L. McGEARY, Plaintiff V. CLYDE M. McGEARY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-0505 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please 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: Acceptance of Service dated February 4, 2007. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff 5/10/07 ; By Defendant 5/08/07. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 6/ /07; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 6/ /07. Respectfully submitted, Date: By: G L. Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff 0 ?.?'' ?. ??, ?, ??? `? `1. t ?' ?'" { ?.y-?L,?4 ?„j-r ? !- 4? ??{1? ?? :.:.. r tV?") '1.?? .?? r CYNTHIA L. MCGEARY OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS CLYDE M. MCGEARY IN THE COURT OF COMMON PLEAS Defendant DECREE IN DIVORCE ?-- A- T. a ? A'/4 AND NOW, v667 , IT IS ORDERED AND No. 07 - 0505 DECREED THAT AND CYNTHIA L. MCGEARY CLYDE M. MCGEARY ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. Further. the Matrimonial Settlement Agreement, executed by the partie and dated March 9, 2007, attached hereto, is incorporated herein for purposes of enforcement but shall not ged into said Decree. The e terms of said Agreement. parties are ordered to comply wirE-? Id-": ?? _ BY S3 ATTEST: J J. PROTHONOTARY 't .