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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this j-:;j.1. day of Di:( ."J, rH, 1998, by and between
Marcia M. Rhoads MacKellar, residing at 533 North Pine Street, Lancaster County,
Lancaster, Pennsylvania, 17603 hereinafter referred to as "Wife", and Bruce W.
MacKellar, residing at 502 Wood crest Drive, Mechanicsburg, Cumberland County,
Pennsylvania, 17055, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties were married on the 9th day of July 1983, in Ithaca, New
York; and
WHEREAS, the parties are the natural parents of three minor children, KELSEY
ROSE MACKELLAR, age 7, whose date of birth is June 14, 1991; MARIE ALICE
MACKELLAR, age 10, whose date of birth is April 13. 1988; and KATHERINE SUSANN
MACKELLAR, age 11, whose date of birth is September 22, 1986; and
WHEREAS, irreconcilable differences having arisen between the parties, in
consequence of which they intend to live separate and apart from each other; and
WHEREAS, the parties are desirous of settling entering an agreement dealing
with the care and custody of their children, and to define their respective financial and
proper1y rights, together with all other rights, remedies, privileges and obligations which
have arisen out of their marriage, including any claims or rights that they may have
under the provisions of the Pennsylvania Divorce Code, as amended; and
Page I of 14
WHEREAS, the parties have disclosed to the other's satisfaction the nature and
value of all of their presently constituted assets, liabilities and income; and
WHEREAS, Wife having been represented by Melissa Peel Greevy, Esquire,
whose office is located at 214 Senate Avenue, Suite 602 Camp Hill, Pennsylvania
17011, and Husband having been represented by Donald T. Kissinger, Esquire whose
office is located at 130 Walnut Street, Harrisburg, Pennsylvania 17101; and
WHEREAS, both Husband and Wife fully understand all of the terms, conditions
and provisions of this Agreement and believe it to be fair, just, adequate and
reasonable as to each of them, and consonant with the best interests and welfare of
their children, and accordingly, both Husband and Wife freely and voluntarily accept
such terms, conditions and provisions, The parties agree that their future relations shall
be governed and fully prescribed by the terms of this agreement (hereinafter referred to
as "the Agreement");
NOW THEREFORE, in consideration of the promises and mutual undertaking
herein contained and for other good and valuable consideration, the parties, intending
to be legally bound by this Agreement, agree as follows:
1, Separation. It shall be lawful for each party at all times to live separate
and apart from the other party, at such place or places as he or she may from time to
time choose or deem fit. Each party shall be free from interference, authority, and
contact by the other as fully as if he or she were single and unmarried except as may
be necessary to carry out the provisions of the Agreement; nor shall either of them
compel or attempt to compel the other to cohabit or live with him or her by any means
Page 2 or 14
each two weeks for the maintenance and support of the parties minor children, to
commence August 7, 1998, Payments shall be paid by Husband to Wife on his pay
days, which are presently on alternate Fridays, It is contemplated lhat as each child
reaches the age of eighteen (18) or graduates from high school, which ever shall occur
last, the payments shall be reduced proportionately to the number of children remaining
to be supported, It is understood and agreed that sard payments may be adjusted
upward in accordance with changes in the respective income of the parties and the
needs of the minor children, in accordance with the laws of the Commonwealth of
Pennsylvania. The parties further agree that any breach of this support obligation may
be enforced pursuant to the Civil Procedural Support Law of Pennsylvania, Husband
agrees to maintain, at no cost to Wife, the children's current health, dental/orthodontic
and vision insurance coverages or insurance with comparable benefits as are in effect
at the execution of this Agreement. After Wife has secured full time employment,
following her graduation, such insurance coverage or coverages shall be provided by
the parent capable of providing such coverage through his or her employment at the
lesser cost. In the event that Wife shall be able to provide such coverage, Husband
5, Alimonv pendente lite and Alimony, Husband agrees to pay Wife alimony
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agrees to reimburse her for this cost until the youngest child attains the age 18,
graduates from high school, or is no longer a full time student.
pendente lite in the amount of $323.08(three hundred twenty three dollars and eight
cents) each two weeks, to coincide with his pay dates, which shall commence August 7,
1998 and continue until the month the final divorce decree is entered, The parties
further agree that Husband shall pay to Wife alimony in the amount of $323,08 (three
Page 4 of 14
hundred twenty three dollars and eight cents) each two weeks, to coincide with his pay
dates, from the month after the divorce decree is entered and shall continue until
November 30, 2000, In the event that Wife is employed full time prior to November 30,
2000, alimony will terminate the month after Wife resumes full time employment for a
period of no less than three (3) weeks, Alimony payments shall terminate upon the
remarriage or cohabitation of Wife or the death of ether party, Payments shall be paid
by Husband to Wife on pay days, which are presently on alternate Fridays. It is agreed
that as alimony, or alimony pendente lite, all payments shall be tax deductible to
Husband and shall be considered taxable income to Wife, Husband further agrees to
maintain, at no cost to Wife, her current health, and vision insurance coverages, or
insurances with comparable benefits to those presently provided at the time of the
execution of this Agreement. Husband will maintain such insurances until Wife is
covered under her employer's plan when she returns to full time employment following
the completion of her Master's Degree. or upon termination of the alimony obligation
created in this paragraph, which ever shall first occur. Wife agrees to pay for her dental
insurance coverage,
6, Income Tax Deduction. The parties agree that Husband shall be entitled
to claim the minor children as his dependents on his income tax return for the tax year
1998 and 1999, Wife agrees that Wife will sign Internal Revenue Service Form 8332 or
any other declaration required by the Treasury Department or the Internal Revenue
Service to implement this agreement and agrees to provide such declaration to the
Husband, Commencing in the year 2000, Husband shall be entitled to declare two fo
the children as dependents on his income tax return in even years and Wife shall be
Page 5 of 14
entitled to claim one child in such years, with Wife claiming two children in odd years
and Husband claiming one child in such years, In the event that Wife's income in 2000
or any later year is not satisfactory to provide a benefit from the child dependency tax
deductions, Husband shall be permitted to continue to claim all three children for any
such year. Husband shall be entitled to claim the children as dependents, as described
above, on his income tax returns, provided that by December 31 of the calendar year
the Husband has made all child support payments required for that year under
paragraph 4 of this Agreement.
7, Distribution of Debt and Assets, The parties have agreed to an equal
division of marital assets and to the equal sharing of marital debt, including but not
limited to the following debts and assets as described in subsequent paragraphs: loans
from Husband's medical education, equity in the marital home, Husband's pension, real
estate in Montrose, Pennsylvania, and a joint investment account.
8, Personal Property, The parties have acquired certain personal property
during the course of their marriage, and hereby acknowledge and represent that such
personal property has been divided to their mutual satisfaction,
9, Automobiles, Wife shall be entitled to keep the 1996 Ford Windstar,
Husband shall be entitled to keep the 1995 Ford Mustang, The parties agree to
maintain their vehicles and shall be solely responsible for all payments, maintenance,
insurance and other costs or fees related to their respective vehicles, Each party
agrees to indemnify and hold the other harmless for any and all liability related to their
respective vehicles, and to execute any and all necessary documents to effect the
transfer of the title of each vehicle as agreed above,
Page 6 0 C 14
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she has not in the past and will not at any time in the future incur or contract any debt,
charge or liability for which the other of them, their legal representatives, or their
property or estate may become liable; and each of them further covenants at all times
to keep the other free, harmless and indemnified of and from all debts, charges and
liabilities hereafter or heretofore contracted by them, except as hereinafter provided,
Husband agrees to assume and pay in due course the outstanding balance on
the parties' BankAmerica Real Estate Loan # 0030553237, the Husband's student
loans from the State University of New York, and the Sallie Mae Stafford Loan Account
# 056-38-3707-1. Husband agrees to indemnify and hold Wife harmless with respect
to such debts,
12, Bank Accounts, Any and all bank accounts in the parties' names which
existed have been previously divided to both parties' satisfaction. The parties
acknowledge that there are will no longer be joint accounts remaining in existence after
August 31, 1998, Furthermore, each party agrees to waive any right, title, and/or
interest he or she may have in the bank accounts of the other.
13, Pension. Investment and Retirement Accounts, The parties agree that a
portion of the marital property consists of an investment account with Linsco Financial
Services, # 6AP-775804, with a balance of $19,389 on May 29, 1998, titled in the name
of Husband and Wife, Husband agrees to transfer all of his right title and interest in
that account to Wife, free of all encumbrances, Wife shall be responsible for and hold
Husband harmless from any and all tax consequences associated with said investment
account.
The parties further agree that a portion of the marital property consists of a
Page S or 14
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PrudentiaI403(b) Tax Sheltered Annuity Program for Pinnacle Health System, Account
# 30047 with June 5, 1998 balance of S 36,592 titled in Husband's name. Wife agrees
to Waive any right title, and interest she may have to the above referenced annuity
accounts and to any pension to which Husband may be entitled as a consequence of
his employment with Pinnacle Health System, Should it become necessary, each party
agrees to sign any other title or documents necessary to give effect to this section upon
the request of the other party,
14, Life Insurance, Husband agrees to maintain his present life insurance
policies and he shall designate the children as primary irrevocable beneficiaries thereof.
Husband's obligation to retain the children as beneficiaries of his respective insurance
policies as aforesaid shall terminate at such time as each child reaches the age of
twenty-three (23) years, at which time the Husband may designate anyone he desires
as beneficiaries of these policies or dispose of said policies at his individual discretion,
So long as Husband is bound under this paragraph, he shall:
a. promptly pay all premiums on these policies;
b, not create any lien on, not pledge, and not borrow against theses policies;
c, provide the other parent, at his or her request with a copy of said policies;
d, designate Wife as the trustee and or guardian of any life insurance funds
paid for the benefit of the children.
15, Mutual Cooperation and Additional instruments, The parties shall, on
demand, execute and deliver to the other, any document, and do or cause to be done,
any other act or thing that may be necessary or desirable to effectuate the provisions
and purposes of this Agreement. If either party fails, on demand, to comply with this
Page 9 oj' 14
provision, that party shall pay to the other, all attorney's fees, costs and other expenses
reasonably incurred as '3 result of such failure,
16. Entire agreem~n1. This Agreement supersedes any and all other
Agreements, either oral or in writing, between the parties relating to the rights and
liabilities arising out of their marriage, This Agreement contains the entire agreement of
the parties.
17. Partial Invalidity, If any portion of this Agreement is held by a Court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions
shall nevertheless, continue in full force and effect without being impaired in any way.
18. Effect of Cohabitation, Remarriage or Divorce Decree, Husband
acknowledges that in the event of a divorce between the parties and a remarriage of
the Husband, the Husband will have entered into such remarriage subject to the terms
and conditions of this Agreement. Accordingly, the Husband agrees that neither such
remarriage nor the birth of a child or children of such remarriage and the support of
such new spouse and offspring shall be an appropriate or permissible circumstance or
circumstances for application by the Husband to decrease or shorten the payments
otherwise required to be made by the Husband under this Agreement. The terms of
this Agreement shall be incorporated, but shall not merge, into any Divorce Decree
which may be entered with respect to the parties, This Agreement shall survive any
such final judgment or Decree of Divorce, Both parties shall have all rights and
enforcement under applicable law, including the Pennsylvania Divorce Code as
provided in 23 Pa, C,S. !'l 3105,
19. Modification, This Agreement shall not be subject to modification except
Page 10 or 14
Agreement on the same date, Otherwise, the effective date will be the date that both
parties execute the Agreement if they execute on the same date,
25. Waiver of Rights to the Other Party's Estate, Except as provided for
herein, Husband and Wife each waive any and all right:
a, To inherit any part of the estate of the other at his or her death, except as
provided herein;
b. To receive property from the estate of the other by bequest or devise
except under a Will or Codicil dated subsequently to the effective date of this
Agreement;
c, To act as personal representative of the estate of the other on intestacy
unless nominated by another party legally entitled to so act;
d. To act as personal representative under the Will of the other unless so
nominated by a Will or Codicil dated subsequently to the effective date of this
Agreement;
e, To claim a family allowance in the estate of the other.
26. Full Disclosure, The respective parties do hereby warrant, represent and
declare and do acknowledge and agree that each is and has been fully and completely
informed of, and is familiar with and cognizant of the wealth, income, real and/or
personal property, whether jointly or individually titled, estate and assets of the other,
and that each has made a full and complete disclosure to the other of his and her entire
assets and liabilities, and any further enumeration or statement thereof in this
Agreement is hereby specifically waived, The parties do not wish to make or append
hereto any further enumeration or statement. Each of the parties hereto further
Page 12 of' J 4
covenants and agrees for himself or herself that his or her heirs, personal
representatives and assigns, that he or she will never at any time hereafter sue the
other, his or her heirs. personal representatives and assigns, in any action or
contention, direct or indirect, that there was absence or lack of full and proper
disclosure, Further both parties waive their right to have the inventory or financial
disclosure statement of the other attached hereto,
27. Representation of the Parties, Wife is represented by Melissa Peel
Greevy, Esquire in connection with the negotiation and preparation of this Agreement.
Husband is represented by Donald T, Kissinger, Esquire of Howett, Kissinger & Miles,
P.C, Each party acknowledges that he or she has received independent legal advice
from counsel of his or her own selection, and that each fully understands the facts and
has been fully informed as to his or her legal rights and obligations, and each party
acknowledges and accepts that this Agreement is, in the circumstances, fair and
equitable, and that it is being entered into freely, voluntarily, after having received such
advice and with such knowledge, and that the execution of this Agreement is not the
result of any duress or undue influence, and that it is not the result of any improper or
illegal Agreement or Agreements, In addition, each party hereto acknowledges that he
or she has been fully advised by his or her respective attorney of the impact of the
Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all
marital rights of the parties including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or possessed individually by the
other, counsel fees and costs of litigation, and fully knowing the same and being fully
advised of his or her rights thereunder, each party hereto still desires to execute this
Page 13 of 14
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Agreement, acknowledging that the terms and conditions set forth herein are fair, just
and equitable to each of the parties, and waives his and her respective right to have the
Court of Common Pleas of Cumberland County, or any other Court of competent
jurisdiction, make any determination other than what may have already occurred or
order effecting the respective party's rights to alimony, alimony pendente lite, support
and maintenance, equitable distribution, counsel fees and costs of litigation. Each party
has carefully read this Agreement and is completely aware of not only its contents but
also of its legal effect,
28. Successors and Assigns, This Agreement, except as otherwise expressly
provided herein, shall be binding on and shall inure to the benefit of the respective
legatees, devisees, heirs, executors, administrators, assign and successors and
interest of the parties.
IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and
seals the date and year first above written.
WITNESS:
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Page 14 or 14
"rothonotary: December 15 . 11)<)X.
(b) Date Iklcndant's \Vaiverol'Notke in *3JOI(e) Divorce was likd with the
prothonotary: December 15. 11)I)X,
Respecll'ully subl11illed.
Date: lex ,-15. 9P
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Melissa Peel Clreevy. Esquire J
I.D. No. 77950
214 Senate A venuc Suitc 602
Camp Hill, P A 17011-2336
(717) 763-8995
Attorney for thc Plaintiff
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age 10
age II
Born: (,-14-91
Born 4-1 ~-XX
Born 9-22-X('.
Kelsey Rose MacKellar.
Marie Alice MacKellar
Katherine Susann MacKellar
age 7
8. Neithcr Plaintiff nOl' Defendant is inlhe military or naval scrviee of the United
States or its allics within thc provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congrcss of 1940 and its amcndmcnts.
9. Therc havc bccnno prior actions of divorcc or annulmcnt bctwccn thc partics.
10, Thc marriagc is irrctricvably brokcn.
11. Plaintiff has bccn adviscd that counseling is availablc and that Plaintiff may have
thc right to rcqucst the court require thc parties to participatc in counseling.
12. Plaintiff requests the comt to enter a decrec of divorce.
13, The parties may, but have not yct, entcred a written agrcemcnt with regard to
custody and visitation of the minor children, child support, alimony and property division.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce,
divorcing Plaintiff and Defendant.
I verify that thc 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. S 4904, relating to
unsworn falsification to authorities.
Date: .J~ If; (C}f?
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
! MARCIA R, MACKELLAR, )
., Plaintiff )
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v. ) NO. 98-345 I CIVIL TERM
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I BRUCE W. MACKELLAR, ) CIVIL ACTION - LAW
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Defendant ) IN DIVORCE
DEFENDANT'S AFFlDA VIT OF CONSENT
AND WAIVER OF COUNSELING
I. A complaint in divorce under 9330I(c) of the Divorce Code was filed on
June 22, 1998.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint,
3. I consent to the entry ofa final decree in divorce after service of notice of
intention to request entry of the decree,
I veritY 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.SA 94904, relating to
unsworn falsification to authorities,
Date: J '2 /'0 /(1 G
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Bruce W, MacKellar, Defendant
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MAI{C1A It MACKELLAI{,
I'laintin:
IN Till: COURT OF COMMON I'I.I:AS
('( JivllIFRLAND cot lNTY, I'FNNSYI ,VANIA
v,
No. 9X-3451 Civil Term
BRUCE W. MACKELLAR.
Defendant.
CIVIL ACTION - LA \V
DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTR Y OF
A DIVORCE DECREE UNDER * 3301(c) OF THE DIVORCE CODE
I. I conscnt to the entry of a linal decree of divorce without notice.
2. lundcrstand that I may lose rights concerning alimony. division of property. lawyer's
fees or expcnses if I do not claim them bellJre a divorce is granted.
3, lundcrstand that I will not be divorced until a divorce decree is entcred by the Court
and that a copy of the dccree will be sent to me immediatcly after it is filed by the prothonotary.
I verify that the statcmcnts madc in this aflidavit are true and correct. lundcrstand that
false statcments herein arc made subject to the pcnaltics of IS Pa,C.S. ~ 4904 relating to unsworn
1~\lsification to authoritics.
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Marcia R, MacKcllar
Plaintiff
Date: 12-/II/sL