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HomeMy WebLinkAbout03-3832JEAN LH,A MACKEY, PLAINTIFF ELSON FREDERICK MACKEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERI~ND COUNTY, PENNSYLVANIA No.o -Cr L CIVIL ACTION - LAW ACTION FOR 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 bythe court. A judgment my also be entered against you for any other claim or relief requested m these papers by the plaimiff. You may lose money or property or other fights important to you. When the ground for the divorce is indignities or in~,'ievable 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, PA 17013-3387. 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 O~'FICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 JEAN LILA MACKEY, PLAINTIFF VS. ELSON FREDERICK MACKEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, ·· PENNSYLVANIA ; : NO.O$ --jffjg.x CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, JEAN LILA MACKEY, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiffis JEAN l,ll,A MACKEY, an adult individual, who currently resides at 7073 Carlisle Pike, Lot #228, Carlisle, Cumberland County, Pennsylvania, 17013, and has resided in Cumberland County for over one (1) year. 2. Defendant is ELSON FREDERICK MACKEY, an adult individual, whose address is 112 Wyncote Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on July 2, 1994. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. Services. 9. Neither Plaintiff nor Defendant was a member of the United States Military There were no children born of this marriage. COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301{c) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiffbelieves Defendant may also file such an affidavit. WiZIEREFORE, if both parties file affdavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, JEAN LILA MACKEY, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT H - REOUEST FOR EOU1TABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502~a} OF ~ DIVORCE CODE Paragraphs 1 through 11 of this Complaint are incorporated herein by reference 12. thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WiqEREFORE, Plaintiff, JEAN LILA MACKEY, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Dated: August& 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. 5021 East Trindle Road, Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. f ./EAN LILA MACKEY, PLAINTIFF VS. ELSON FREDERICK MACKEY, DEFENDANT : IN ~ COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 03-3832 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301 (c) of the Divorce Code, in the above matter. Dated: September //, 2003 Respectfully submitted, EL, SON FREDERICK MACKEY, Defendant MARITAL PROPERTY SETTLEMENT AGREEMENT ~ AGREEMENT is entered into this J_/~'day of ~ffI.~ ,2003, by and between JEAN LILA MACKEY and ELSON FREDERICK MACKEY. RECITALS Wife's Birthday and Social Security Number: Husband's Birthday and Social Security Number: Date of Marriage: Place of Marriage: Last Marital Residence: July 2, 1994 Cooperstown, New York Date of Separation: Children: Pending Court Proceedings: Divorce January 22, 1948 March 22, 1949 102-46-7632 074-40-2302 112 Wyncote Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055 October 2, 2002 None None Court of Common Pleas No. 03-3832 Civil Term of Cumberland Coumy, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband 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 fights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maimenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereaRer, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other at all times and at all locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this A~reement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereaRer have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. Co) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereat~er arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereo0, nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge fi.om all causes of action, claims, fights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this ^~reement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by Susan Kay Candiello, Esquire, counsel for Wife. Husband has been apprised of his need for counsel and has waived his right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A") The parties acknowledge that each has been advised of their right to obtain independent legal advice fi.om counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as emended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 4 ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith within a reasonable time, but not longer than thirty (30) days after demand is made by the other party, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereatter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or 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 her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, remm receipt requested, to Susan Kay Candiello, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania, 17050, or such other address as Wife fi.om time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, remm receipt requested, to Elson Frederick Mackey, at 15 Bridge Street, Sidney, New York, 13838, or such other address as Husband fi.om time to time may designate in writing. 5 HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof 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. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreemem shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this A4~reement and the other party retains counsel to assist in enforcing the terms thereof,, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EOUITABLE DISTRIBUTION I. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that ail of the property presently in the possession of Husband shall be the sole and separate property &Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive propemy of the other. 7 2. MOTOR VEI~ICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1989 Mercury Cougar, titled in Husband's name, shall hereafter be the sole and exclusive property of Wife. Husband and Wife agree to cooperate in the execution of all documents necessary to change the title to the vehicle to the name of Wife, alone. There is no loan on this vehicle. Wife agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. B. The 1990 Ford Bronco, titled in Husband and Wife's names, shall hereafter be the sole and exclusive property of Husband. Husband and Wife agree to cooperate in the execution of all documents necessary to change the title to the vehicle to the name of Husband, alone. The loan on this vehicle is a joint loan in both Husband and Wife's names. Husband agrees to pay this loan in full on or before December 31, 2003. Wife agrees to sign all documents to transfer the registration to this vehicle to Husband's name alone at the time of the execution of this Agreement. Wife agrees to sign the title to the Bronco to Husband's name after Husband has paid the loan on the vehicle in full. All executions of documents shall be handled through Wife's counsel. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. C. The 1996 Mercury Sable, titled in Husband's name, shall hereafter be the sole and exclusive property of Husband. The loan on this vehicle is a joint loan in both Husband and Wife's names. This loan must be paid in full on or before September 30, 2003, or new payment arrangements must be made with AmeriCredit. Husband agrees to assume responsibility for this loan in full. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. D. The parties had all vehicles on a group insurance policy. Wife shall pay to Husband at the time of the execution of this Agreement the sum of Ninety-Eight Dollars and No Cents ($98.00) representing Wife's final vehicle insurance payment. Husband shall be responsible for all insurance payments for the Mercury Sable and the Ford Bronco following the execution of this Agreement. Wife shall be responsible for all insurance payments for the Mercury Cougar following the execution of this Agreement. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. In the event that any documents of title to the said vehicles shall be in the hands ora bank or other holder ora lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties have closed all joint bank accounts and divided equally (50/50) any marital funds remaining in these accounts. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 4. RETIREMENT INTEREST Husband has no retirement. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in any retirement, pension, IRA or 401k Wife may have at this time. 5. JOINT DEBTS AND LIABILITIES The joint credit accounts existing during the marriage have been assumed by either Husband or Wife as follows: 1) Husband shall assume full responsibility for the loan on the 1990 Bronco and shall pay that loan in full on or before December 31, 2003; 2) Husband shall assume full responsibility for the joint loan on the 1996 Mercury Sable and agrees to pay that loan in full on or before September 30, 2003 or make new payment arrangements with AmeriCredit; 3) Wife shall assume full responsibility for all her student loans. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or at~er the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 6. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that team is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name ora party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset, which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 7. AFTER-ACQUIRED PROPERTY Each of the parties shall hereaRer own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 8. LHVE INSURANCE Neither party has any life insurance with any cash value. 9. WAIVER OF SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE, AND ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances ora substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, 10 support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, bom the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 10. INCOME TAXES Husband had unpaid taxes prior to the parties' marriage. Husband agrees to cooperate in any way necessary to remove any tax liability for his premarital taxes upon Wife. Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 11. COUNSEL FEES AND EXPENSES The parties agree each shall be fully responsible for their own individual counsel fees and expenses incurred in obtaining this divorce. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS Wi~II~REOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. HUSBAND 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the ../.~ day of f3~0~'x~,30'~ ,2003, before me, a Notary Public for the Commonwealth of Pennsylvania~ the undersigned officer, personally appeared JEAN L/LA MACKEY known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. WITNESS WHEREOF, I have s~t my hand and notarial seal. Notary Public (~ My Commission Expires: Notarial Seal Kimbedy R. Hanford, Notary Public Mechanicstmrg Boro, Cumberland County My Commission Expires Apr. 4, 2005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the I { ~ day of ~L-~-C~ ,2003, before me, a Notary Public for the Commonwealth of Pennsylvania, ~he undersigned officer, personally appeared ELSON Iq~I~ERICK MACKAY known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement A~reement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public ~ My Commission Expires: (3~ t(~ ~6©~ Notarial Seal-- ~mberl¥ R. Hartford, Nota.,y Public Id~3ha~k;~rg Bom Cumberland County My Commission Expires Apr. 4. 2005 12 JEAN l,ll,A MACKEY, PLAINTIFF VS. ELSON FREDERICK MACKEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA _. : NO. 03 - 3832 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT I, ELSON FREDERICK MACKEY, do hereby acknowledge that I am the Husband in this divorce action. I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. 1 am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Husband in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fuifi/l my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my fights to an attorney to .represe~fi~ the issue oftheMaritalPropectySettlementAgreement, ~:-~//UL J~ ~ ELSON FREDERICKMACKEY [ COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the .I [4~, day of~ ,2003, before me, a Notary Public for the Commonwealth of Peansylvania, the unde~igned officer, personally appeared ELSON FREDERICK MACKAY known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Waiver of Right to Counsel for Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein co. mined. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notarial Seal Kimbedy R. Hanford, Notary Public Mechanlcsburg Boro, Cumber}and County My Commission Expires Apr. 4, 2005 Notary Public ~3 My Commission Expires:~.~ EXHIBIT "A' JEAN LILA MACKEY, PLAINTIFF VS. ELSON FREDERICK MACKEY, DEFENDANT IN TI~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3832 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 7, 2003. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability ofrnarriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit 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 unswom falsification to authorities. JEAN LILA MACKEY, PLAINTWF VS. ELSON FREDERICK MACKEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 03-3832 CIVIL TERM : : CIVIL ACT/ON - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301¢c) OF DIVORCE CODE I. 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 foes or expenses ifI 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 aRer 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. Section 4904 relating to unsworn falsification to authorities. JEAN LILA MACKEY, PLAINTIFF VS. ELSON FREDERICK MACKEY, DEFENDANT IN TH]~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3832 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 7, 2003. 2. The marriage between the 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 ent~ of a final Decree in Divome, after the service of notice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marringe counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. JEAN LILA MACKEY, PLAINTIFF vs. ELSON FREDERICK MACKEY, DEFENDANT : IN ~ COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 03-3832 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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 ifI do not claim them before a divor~ 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 al~er 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. Section 4904 relating to unsworn falsification to authorities. JEAN LILIA MACKEY, PLAINTIFF VSo ELSON FREDERICK MACKEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 03-3832 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR 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: Irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of Complaint: The Defendant, Elson Frederick Mackey, was personally served and signed an Acceptance of Service on September 11, 2003. Said Acceptance of Service signed by the Defendant was filed with the Cumberland County Prothonotary on September 12, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: January 30, 2004 Defendant: February 2, 2004 (a) Related claims pending: None Co) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. I certify that the Waiver of Notice oflmention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on January 30, 2004 by the Plaintiff and on February 2, 2004 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CAND1ELL0, P,C. Dated: February 11, 2004 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ~ PENNA. Jean Lila Macke~ Plaintiff N O. 03-3832 VERSUS E£son Frederick Mackeu Defendant AND NOW, DECREED THAT DECREE IN DIVORCE Jean Lila Mackey AND El~on Frederick Mackey ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2004 , IT IS ORDERED AND , 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; PROTHONOTARY