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HomeMy WebLinkAbout07-3973ACEY E. KENNEDY, v. REGORY A. KENNEDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. b7- 39?_3 CIVIL TERM Defendant CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P.C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. You have been sued in court. If you wish to defend against the claims set forth in the owing pages, you must take prompt action. You are warned that if you fail to do so, the case y proceed without you and a decree of divorce or annulment may be entered against you by Court. A judgment may also be entered against you for any other claim or relief requested in >e papers by the Plaintiff. You may lose money or property or other rights important to you, uding custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, u may request that the court require you and your spouse to attend marriage counseling prior a divorce decree being handed down by the court. A list of marriage counselors is available in Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are vised that this list is kept as a convenience to you and you are not bound to choose a counselor )m the list. All necessary arrangements and the cost of counseling sessions are to be borne by u and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, U MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. By: Attorneys for Plaintiff STACEY E. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0'7- 3 9 7-3 CIVIL TERM GREGORY A. KENNEDY, Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT Plaintiff Stacey E. Kennedy, by her attorneys, Snelbaker & Brenneman, P. C., hereby submits this Divorce Complaint as follows: COUNT I -NO FAULT DIVORCE 1. Plaintiff Stacey E. Kennedy is an adult individual residing at 213 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant Gregory A. Kennedy is an adult individual residing at 232 South Allison Street, Greencastle, Franklin County, Pennsylvania 17225. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on September 7, 1985 in Washington County, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties LAW OFFICES SNELBAKER & BRENNEMAN, P.C. hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. 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. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - FAULT DIVORCE 10. Paragraphs 1 through 9, inclusive, of this Complaint are incorporated by reference herein. 11. Defendant on numerous occasions has committed adultery. WHEREFORE, Plaintiff requests this Court to issue a Decree of Divorce divorcing Plaintiff and Defendant pursuant to 23 Pa.C.S.A. § 3301(a)(2). LAW OFFICES '2_ SNELBAKER & BRENNEMAN, P.C. COUNT III - EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11, inclusive, of this Complaint are incorporated by reference herein. 13. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from September 7, 1985. 14. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff requests this Court to order equitable distribution of marital property and debts. COUNT IV - ALIMONY 15. Paragraphs 1 through 14, inclusive, of this Complaint are incorporated by reference herein. 16. Plaintiff is unable to sustain herself during the course of litigation. Plaintiff lacks sufficient property to provide for her reasonable needs. WHEREFORE, Plaintiff requests this Court to enter an Order of Alimony in her favor. COUNT V - COUNSEL FEES, COSTS AND EXPENSES 17. Paragraphs 1 through 16, inclusive, of this Complaint are incorporated by reference herein. 18. The Plaintiff has employed Keith O. Brenneman, Esquire of Snelbaker & LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Brenneman, P. C. to represent her in this divorce action. -3- 19. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is able to pay them. 20. Defendant is employed and has the ability to pay Plaintiffs counsel fees, costs and expenses. WHEREFORE, Plaintiff requests this Court to issue an Order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: June 26, 2007 Attorneys for Plaintiff Stacey E. Kennedy LAW OFFICES II . -4- SNELBAKER BRENNEMAN, F& C. VERIFICATION I verify that th-- statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 4 /,-A 0 /0 -) J'?Stawl- ?--" A-e-4 "t--) Sta E. Kennedy LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ACEY E. KENNEDY, V. REGORY A. KENNEDY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT STACEY E. KENNEDY, duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the , which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. ew, Fj 1??ecm di Ocey . Kennedy (Plaintiff) JDtdplaoo-) LAW OFFICES SNELSAKER & BRENNEMAN, P.C. } V `Ii Cn; "G N ` ' ?l TACEY E. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Y A. KENNEDY, NO. 2007-3973 CIVIL TERM Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE MMONWEALTII OF PENNSYLVANIA) OF CUMBERLAND ) SS. Keith 0. Brenneman, Esquire, being duly sworn according to law deposes and says: that is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Stacey Kennedy, Plaintiff in the above captioned action in divorce; that on July 3, 2007 he did send Defendant Gregory A. Kennedy by certified mail, return receipt requested, restricted delivery, duly certified copy of the Complaint in Divorce which was filed in the above captioned action evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 1350 0004 1256 2909; that the Complaint and cover letter were duly received by agent as evidenced by the return receipt card for said certified mail dated July 5, ; that a copy of the aforementioned cover letter dated July 3, 2007 is attached hereto and by reference herein as "Exhibit A" and that the original Receipt for Certified Mail the Domestic Return Receipt are attached hereto and incorporated by reference herein as 1"Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. nformation and belief. Keith O. Brenneman Sworn to and subscribed before me this 10th day of July, 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notaft Seal Susan L MaUEW, Notary Public Medmrniccsburp Burro, C m4mlerrd C=* My C Ewres Nov. 24, 2x07 Member, Pennsylvania Association of Notaries -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. RICHARD C. SNELBAKER KEITH O. BRENNEMAN Mr. Gregory A. Kennedy 232 South Allison Street Greencastle, PA 17225 SNELBAKER & BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSURG, PENNSYLVANIA 17055 717.697-8528 July 3, 2007 Re: Kennedy v. Kennedy No. 2007-3973, Cumberland County Dear Mr. Kennedy: P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a certified copy of a Divorce Complaint, the original of which was filed on June 29, 2007 in Cumberland County. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Stacey E. Kennedy (w/enclosure) By certified mail, return receipt requested, restricted delivery, parcel No. 7004 13500004 1256 2909 EXHIBIT A ... N OFFICES :LBAKER & VEMAN, P.C. In ru r-1 S C3 CWHed Free 0 C3 Rekim Re,? PdWWn*M ,Ln Restricted Delivery Fee M (Endorsement Requlred) r1 11 0 0 r- ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restrlc* Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. t' r e ory A. Kennedy 232 South-Allison Stree Greenc tle-, - PA 17225 A. 0 Agent qatlk?? ? Addressee B. Recehred by ( Wed ) C. Date of 1-h f- r , D. Is delivery address dffferent Yom item 1? O Yes if YEs, enter delivery addow below: 0 No 3. Service Type MordW Mail 13 Express Mail 0 Registered 0 Retum Receipt for Merchandise 13 insured mail O C.O.D. 4. Restricted Delivery? (Extra Fee) Was 2• A le Number 7004 1350 0004 1256 2909 (transfer from serv/ce AsW PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 EXHIBIT B U.S. Postal Service,., CERTIFIED MAIL,, RECEIPT ' iDomestic Mail Only; No Insurance Coverage Provided) r' --s1 G-a ?-'?? ?-- 1 `?,1rrv.. `f...' ? L?_??. 4.? ? ?~-1 ?° - rc? , .--- .a ? :.?. ?? Jay R. Braderman, Esquire Attorney ID. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 STACEY E. KENNEDY, Plaintiff vs. GREGORY A. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3973 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Gregory A. Kennedy, the above- named Defendant. Respectfully, Date: ,an, Esquire 31T' o. 07047 126 L ust Street P. O. ox 11489 Harrisburg, PA 17108-1489 (717) 232-6600 t ? [7 ' rt ; r-= _T7 3- C-1 3 --C --j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CTArRV R _ vrmmv Iy Plaintiff Vs File No. 2007-3973 GREGORY A. KENNEDY, IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] XX prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: ? nardy Stacey E. Ke e? ig nnedy Signature name being resumed COMMONWE TH OF PENNSYLVANIA COUNTY OF Onthe -a//-'7v day of (? , 200 before me, the Prothono42 tary or the notary public, personally appeared above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. f - 4 NOTARIAL SEAL - o4 tary Pub ic OTHONOTARY NOTARY KWO P ?l? a ISSI ?TM ?E DFPIRE8 dAN(wgRY 4, 2010 V CK) r••.s c? tJ-1 t ?v PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this S day of , 2008, by and between Gregory A. Kennedy, hereinafter called "Husband," and St 4y E. Turner, formerly known as Stacey E. Kennedy, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on September 7,1985; and WHEREAS, two (2) children were born of this marriage, one of whom is an adult over the age of eighteen and one of whom is under the age of eighteen; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either parry of the lawfulness or unlawfulness of the causes leading to the living apart since at least June 14, 2007. 2. INTERFERENCE Each parry shall be free from interference, authority and control 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 this Agreement. Neither parry shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence separate and apart from the other. 3. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jay R. Braderman, Esquire for Husband, and Keith O. Brenneman, Esquire for Wife. Each party acknowledges the receipt of independent legal advice from counsel of his or her selection. 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. Each party fully understands the facts and has been informed as to his or her legal rights and obligations. Having received such advice and with such knowledge, each party acknowledges and accepts that this Agreement is, in the circumstances, equitable; that it is being entered into freely and voluntarily; that execution of this Agreement is not the result of any duress and undue influence; and that it is not the result of any improper or illegal agreement or agreements. Except as provided herein, each party waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' right to alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 4. DISCLOSURE OF ASSETS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek motions for production of documents, the taking of oral depositions, the filing of inventories, and 2 all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estates and assets, earning and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The respective parties do hereby warrant and represent that each has fully and fairly disclosed to the other all of his or her assets and liabilities as of the date of separation and as of the date of execution of this Agreement; that each are aware that the other is relying on the warranty and representation of the other; that each parry is entering into this Agreement on the basis of the warranty and representation of the other. Based upon said disclosures, the parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement is equitable, and is satisfactory to them. 5. DIVORCE The parties acknowledge that Wife has initiated an action for divorce under the fault and no-fault provisions of the Pennsylvania Divorce Code in the Court of Common Pleas of Cumberland County at No. 07-3973 Civil Term. The parties further acknowledge that the ninety (90) day period provided under 3301(c) (no fault) of the Divorce Code has expired. Each party agrees to sign affidavit of consent and waiver forms for the issuance of a Divorce Decree within 30 days of the date of this Agreement. 6. DIVISION OF REAL PROPERTY A. The parties have listed for sale the marital home located at 213 Shirley Lane, Boiling Springs, Pennsylvania 17007. The mortgage, second mortgage, Wells Fargo personal loan and Capital One credit card debt, home equity loan and costs of sale, including brokerage 3 commissions, will be paid from the sale proceeds. Any balance thereafter will be distributed 60% to Wife and 40% to Husband. B. The parties have sold their business formerly known as VIP Hair Studio and Day Spa. The parties anticipate that there may be taxes owed and other liabilities accruing from their operation of that business, and if so, the parties agree to be equally liable and equally responsible for payment of those taxes and liabilities 7. HOUSEHOLD AND PERSONAL PROPERTY Within thirty (30) days of the date of this Agreement, Husband shall remove from the marital home and claim as his sole and separate property: guns; gun cabinet; Kennedy drop leaf table; oak ice chest; Husband's father's bed; old milk bottles; 36-inch television with DVD surround system and stand; Husband's father's pipes; all Christmas decorations (except children's ornaments); Halloween decorations; dining room suit; two oak rockers, and all of Zachary's "property and belongings." Basement and shed items will be equally divided. Paintings and pictures will be equally divided. The parties agree that they have divided to their mutual satisfaction all remaining contents of the former marital residence including, but not necessarily limited to, all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, furs, personalty and other items of tangible property of whatever nature currently located therein. 8. EQUITABLE DISTRIBUTION Except as specifically provided for in this Agreement, the parties agree that they have satisfactorily equitably divided all their marital property. 4 9. MOTOR VEHICLES The parties agree that each shall retain possession of and receive as his or her sole and separate property the vehicles currently in their respective possession, with Wife retaining the Ford Edge and Harley-Davidson motorcycle. Each party assumes the responsibility for payment of any outstanding indebtedness pertaining to their respective vehicles and each party shall indemnify and hold the other harmless from any liability, cost or expenses, including reasonable attorney's fees, incurred in connection with the vehicles transferred by the terms of this paragraph. Husband agrees that he shall, at Wife's request, convey his interest in the title to the Harley-Davidson Motorcycle to Wife. Wife agrees that in the event she shall sell the motorcycle within one year of the date of this Agreement, Husband and Wife shall split the net proceeds of the sale, after payment of the loan on the motorcycle, with Wife receiving 60% and Husband 40%. 10. PENSIONS Neither party owns a pension or retirement fund. 11. MISCELLANEOUS PROPERTY Division of miscellaneous property of the parties has already been accomplished. All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled and if untitled, the party in possession thereof. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights to such property from each to the other. 12. CREDIT CARDS AND DEBT Each party shall assume sole responsibility for all credit card and other debt in his or her own name not otherwise satisfied from the sale of real estate listed above. 5 13. LIFE INSURANCE Each party shall retain any life insurance policies in their names individually including any cash value related thereto and each party shall have the right to name beneficiaries of life insurance proceeds. 14. 2007 TAX RETURN For tax year 2007 the parties shall file a joint tax return and thereafter, the parties will file separate tax returns. The parties agree to share equally any tax liability for 2007 that must be paid and further agree that in the event of a tax refund for 2007, such refund shall be divided equally. Any "economic stimulus" payments shall be equally divided, except any "economic stimulus" payment made because of Zachary Kennedy shall be sole property of Husband. 15. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 16. ALIMONY A. Husband shall pay alimony to Wife for four (4) years (48 months) to commence from the 1St of the month subsequent to the date of divorce. Alimony shall be paid in the amount of $500.00 monthly, which alimony shall not be subject to modification or termination, except it will be terminated upon the death of either party. 6 B. Husband will purchase at his cost a term life insurance policy naming Wife as beneficiary of insurance proceeds in the same amount of a declining balance of the alimony due Wife. 17. ADDITIONAL INSTRUMENT Each of the parties shall on demand execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either parry fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 18. COLLEGE LOANS The parties' daughter, Stephanie Kennedy, has incurred debt of about $20,000.00 resulting from her prior college attendance. Wife and Husband each agree to pay one-third (1/3) of said college loans (FASFA) should their daughter be unable to make repayment. 19. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 20. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason or debts or obligations incurred by him. 7 21. WAIVERS OF CLAIMS AGAINST ESTATE Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 22. TAX PROVISIONS The parties believe and agree that the division of the property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have in the past filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally 8 determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. GOVERNING LAW This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 26. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 27. VOID CLAUSES 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. 9 28. ENTRY AS PART OF DECREE It is the intention of the parties that this Agreement shall survive any action for divorce that may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 29. DIVORCE ACTION The parties, at the time of execution of the within Agreement, shall also execute Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. 30. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYLVANIA Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code or other laws of the Commonwealth of Pennsylvania including, but not limited to, spousal support, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: Gregory . Kennedy Stacey E. T r 10 1, 'J COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the day of 2008, before me, a Notary Public, personally appeared Gregory A. Kennedy, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lori L. Barnes, Notary Public Montgomery Twp., Franklin County My Commission Expires Feb. 2,20W Member, Penncvivanit --Ot on of Notaries COMMONWEALTH OF PENNSYLVANIA otary Public SS. COUNTY OF ?Sr On this, the day f,0,141 2008, before me, a Notary Public, personally appeared Stacey E. Turner, formerly known as Stacey E. Kennedy, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lori L. Barnes, Notary Public Montgomery Twp., Franklin Countyty My Commission Expires Feb. 2, 210 0 Member, Pennsylvania Association of Notaries Notary Public 11 . 98 ? ' ;co tt , STACEY E. KENNEDY, Plaintiff V. GREGORY A. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3973 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: May 6, 2008 Stacey E. Tu e , formerly known as Stacey E. Kenn dy LAW OFFICES SNELBAKER & BRENNEMAN, P.C. G rss co STACEY E. KENNEDY, Plaintiff V. GREGORY A. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3973 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 29, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: May 6, 2008 Stacey E. Turn , f rmerly known as Stacey E. Kenne LAW OFFICES SNELBAKER & BRENNEMAN, P.C. rv C5 m s a 13 ? co - STACEY E. KENNEDY, Plaintiff V. GREGORY A. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3973 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 29, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: May 6, 2008 Gregory A. Kennedy LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ao V a CO G ?' Tom' ,'? '' 1 ?? -i' ? W STACEY E. KENNEDY, Plaintiff V. GREGORY A. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3973 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: May 6, 2008 Gregory A. Kennedy LAW OMCES SNELBAKER & BRENNEMAN, P.C. P c» A rT'fs+: ri v? CMD STACEY E. KENNEDY, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA GREGORY A. KENNEDY, Defendant NO. 2007-3973 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry I of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: July 5, 2007 on Defendant by certified mail, restricted delivery (see Acceptance of Service filed July 10, 2007). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff. May 6, 2008; by the Defendant: May 6, 2008. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: May 6, 2008; by the Defendant: May 6, 2008. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. Date: May 7, 2008 By: i ln,--? Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r3 C= CO tom{ --3 = ? c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. STACEY E. KENNEDY, Plaintiff VERSUS GREGORY A. KENNEDY, Defendant DECREE IN DIVORCE .;t-10.'57 r7 4 -Al No. 2007-3973 CTVT . AND NOW, Mn IT IS ORDERED AND DECREED THAT STACEY E. IMY, now known as STACEY E. TURNER , PLAINTIFF, AND GREGORY A. KENNEDY DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The parties' Property Settlement Agreement dated May 1, 2008 is incorporated but not merged into B ATTEST.- J. PROTHONOTARY ?.???? ? ? ?©, ?/ -?' }. STACEY E. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-3973 CIVIL TERM GREGORY A. KENNEDY, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT Stacey E. Kennedy, now known as Stacey E. Turner, by her attorneys, Snelbaker & Brenneman, P. C., files this Petition to Enforce Property Settlement Agreement and in support thereof states the following: 1. Petitioner Stacey E. Kennedy is an adult individual now residing in Hagerstown, Maryland. 2. Respondent Gregory A. Kennedy is an adult individual with an address of 607 Moul Avenue, Hanover, Pennsylvania, 17331. 3. On May 14, 2008 this Court issued a Decree In Divorce divorcing Petitioner and Respondent from the bonds of matrimony. 4. On May 1, 2008 the parties entered into a Property Settlement Agreement (the "Agreement"), a true and correct copy of which is attached hereto and incorporated by reference herein as "Exhibit A". 5. The Decree In Divorce issued by this Court on May 14, 2008 incorporated the parties' Agreement into the Decree In Divorce. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 6. Pursuant to Paragraph 9 of the parties' Agreement, Respondent agreed that Petitioner shall retain possession of and receive as her separate property a Harley-Davidson motorcycle. 7. Petitioner, who has relocated to Maryland, is unable to register the motorcycle in Maryland without Respondent's cooperation in signing the necessary registration documents. 8. Pursuant to Paragraph 16.A of the parties' Agreement, Respondent agreed to pay alimony to Petitioner for a period of 48 months commencing the first month subsequent to the parties' date of divorce in the amount of $500.00. 9. Respondent has failed and refused to cooperate in signing the necessary documents to register the Harley-Davidson motorcycle in Maryland although Petitioner has requested that he do so. 10. Respondent has been late in making the monthly payments of alimony to Petitioner and has not made payment to Petitioner for the months of August and September 2008 as required by Paragraph 16.A of the parties' Agreement. 11. For the reasons set forth above, Respondent is in breach of his obligations under the Agreement 12. Pursuant to Paragraph 17 of the parties' Agreement, each of the parties agreed to execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purpose of the Agreement. . 13. Pursuant to Paragraph 15 of the parties' Agreement, the party breaching the Agreement shall be responsible for the payment of legal fees and costs incurred by the non- breaching party in enforcing rights under the Agreement. LAW OFFICES SNELBAKER 4C -2 BRENNEMAN, P.C. 14. Petitioner has retained the services of Keith O. Brenneman, Esquire at his standard hourly rate of $185.00 for purposes of enforcing Petitioner's rights under the Agreement due to Respondent's breaches of the terms thereof as set forth above. 15. Petitioner has incurred legal fees and costs due to Respondent's breach of his obligations under the Agreement as specified above. 16. The divorce proceeding had previously been assigned to The Honorable Edward E. Guido who issued the Decree In Divorce in this matter. WHEREFORE, Petitioner requests this Court to: A. Order and direct Respondent to sign all necessary documents required for the registration of the Harley-Davidson motorcycle in Maryland; B. Direct Respondent to immediately pay Petitioner the sum of $1,000.00 representing unpaid alimony to date; C. Award the Petitioner attorney's fees and costs and direct same to be paid by Respondent; and D. Order such further and other relief as this Court deems just and appropriate. SNELBAKER & BRENNEMAN, P. C. BY: I/ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: September 10, 2008 Attorneys for Petitioner Stacey E. Turner LAW OFFICES SNELI R a BRENNEMAN, P.C. -? VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section relating to unsworn falsification to authorities. f UUU? J Stacey E. Tu r Date: September 10, 2008 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. PROPERTY SETTLEMENT AGREEMENT S4- ,.,/ THIS AGREEMENT, made this day of iN 1 , 2008, by and r between Gregory A. Kennedy, hereinafter called."Husband," and St 4y E. Turner, formerly known as Stacey E. Kennedy, hereinafter called "Wife". WITNES SETH: WHEREAS, Husband and Wife were legally married on September 7, 1985; and WHEREAS, two (2) children were born of this marriage, one of whom is an adult over the age of eighteen and one of whom is under the age of eighteen; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. N Q NOW THEREFORE, in consideration of the premises and covenants con% hmin,# Rz =? ' 'ate is agreed by and between the parties hereto that: 1. SEPARATION, C It shall be lawful for each party at all times hereafter to live separate and apazf fro ff eac other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to the living apart since at least June 14, 2007. 2. INTERFERENCE Each party shall be free from interference, authority and control 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 this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any EXHIBIT A way harass or malign the other, nor in any other way interfere with the peaceful existence separate and apart from the other. 3. ADVICE-OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jay R. Braderman, Esquire for Husband, and Keith O. Brenneman, Esquire for Wife. Each party acknowledges the receipt of independent legal advice from counsel of his or her selection. 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. Each party fully understands the facts and has been informed as to his or her legal rights and obligations. Having received such advice and with such knowledge, each party acknowledges and accepts that this Agreement is, in the circumstances, equitable; that it is being entered into freely and voluntarily; that execution of this Agreement is not the result of any duress and undue influence; and that it is not the result of any improper or illegal agreement or agreements. Except as provided herein, each party waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' right to alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 4. DISCLOSURE OF ASSETS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek motions for production of documents, the taking of oral depositions, the filing of inventories, and 2 all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estates and assets, earning and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The respective parties do hereby warrant and represent that each has fully and fairly disclosed to the other all of his or her assets and liabilities as of the date of separation and as of the date of execution of this Agreement; that each are aware that the other is relying on the warranty and representation of the other; that each party is entering into this Agreement on the basis of the warranty and representation of the other. Based upon said disclosures, the parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement is equitable, and is satisfactory to them. 5. DIVORCE The parties acknowledge that Wife has initiated an action for divorce under the fault and no-fault provisions of the Pennsylvania Divorce Code in the Court of Common Pleas of Cumberland County at No. 07-3973 Civil Term. The parties further acknowledge that the ninety (90) day period provided under 3301(c) (no fault) of the Divorce Code has expired. Each party agrees to sign affidavit of consent and waiver forms for the issuance of a Divorce Decree within 30 days of the date of this Agreement. 6. DIVISION OF REAL PROPERTY A. The parties have listed for sale the marital home located at 213 Shirley Lane, Boiling Springs, Pennsylvania 17007. The mortgage, second mortgage, Wells Fargo personal loan and Capital One credit card debt, home equity loan and costs of sale, including brokerage 3 commissions, will be paid from the sale proceeds. Any balance thereafter will be distributed 60% to Wife and 40% to Husband. B. The parties have sold their business formerly known as VIP Hair Studio and Day Spa. The parties anticipate that there may be taxes owed and other liabilities accruing from their operation of that business, and if so, the parties agree to be equally liable and equally responsible for payment of those taxes and liabilities 7. HOUSEHOLD AND PERSONAL PROPERTY Within thirty (30) days of the date of this Agreement, Husband shall remove from the marital home and claim as his sole and separate property: guns; gun cabinet; Kennedy drop leaf table; oak ice chest; Husband's father's bed; old milk bottles; 36-inch television with DVD surround system and stand; Husband's father's pipes; all Christmas decorations (except children's ornaments); Halloween decorations; dining room suit; two oak rockers, and all of Zachary's "property and belongings." Basement and shed items will be equally divided. Paintings and pictures will be equally divided. The parties agree that they have divided to their mutual satisfaction all remaining contents of the former marital residence including, but not necessarily limited to, all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, furs, personalty and other items of tangible property of whatever nature currently located therein. 8. EQUITABLE DISTRIBUTION Except as specifically provided for in this Agreement, the parties agree that they have satisfactorily equitably divided all their marital property. 4 9. MOTOR VEHICLES The parties agree that each shall retain possession of and receive as his or her sole and separate property the vehicles currently in their respective possession, -with Wife retaining the Ford Edge and Harley-Davidson motorcycle. Each party assumes the responsibility for payment of any outstanding indebtedness pertaining to their respective vehicles and each party shall indemnify and hold the other harmless from any liability, cost or expenses, including reasonable attorney's fees, incurred in connection with the vehicles transferred by the terms of this paragraph. Husband agrees that he shall, at Wife's request, convey his interest in the title to the Harley-Davidson Motorcycle to Wife. Wife agrees that in the event she shall sell the motorcycle within one year of the date of this Agreement, Husband and Wife shall split the net proceeds of the sale, after payment of the loan on the motorcycle, with Wife receiving 60% and Husband 40%. 10. PENSIONS Neither party owns a pension or retirement fund. 11. MISCELLANEOUS PROPERTY Division of miscellaneous property of the parties has already been accomplished. All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled and if untitled, the party in possession thereof. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights to such property from each to the other. 12. CREDIT CARDS AND DEBT Each party shall assume sole responsibility for all credit card and other debt in his or her own name not otherwise satisfied from the sale of real estate listed above. 5 13. LIFE INSURANCE Each party shall retain any life insurance policies in their names individually including any cash value related thereto and each party shall have the right to name beneficiaries of life insurance proceeds. 14. 2007 TAX RETURN For tax year 2007 the parties shall file a joint tax return and thereafter, the parties will file separate tax returns. The parties agree to share equally any tax liability for 2007 that must be paid and further agree that in the event of a tax refund for 2007, such refund shall be divided equally. Any "economic stimulus" payments shall be equally divided, except any "economic stimulus" payment made because of Zachary Kennedy shall be sole property of Husband. 15. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 16. ALIMONY A. Husband shall pay alimony to Wife for four (4) years (48 months) to commence from the 1" of the month subsequent to the date of divorce. Alimony shall be paid in the amount of $500.00 monthly, which alimony shall not be subject to modification or termination, except it will be terminated upon the death of either party. 6 B. Husband will purchase at his cost a term life insurance policy naming Wife as beneficiary of insurance proceeds in the same amount of a declining balance of the alimony due Wife. 17. ADDITIONAL INSTRUMENT Each of the parties shall on demand execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either parry fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 18. COLLEGE LOANS The parties' daughter, Stephanie Kennedy, has incurred debt of about $20,000.00 resulting from her prior college attendance. Wife and Husband each agree to pay one-third (1/3) of said college loans (FASFA) should their daughter be unable to make repayment. 19. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 20. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason or debts or obligations incurred by him. 7 21. WAIVERS OF CLAIMS AGAINST ESTATE Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 22. TAX PROVISIONS The parties believe and agree that the division of the property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have in the past filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. GOVERNING LAW This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 26. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 27. VOID CLAUSES 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. 28. ENTRY AS PART OF DECREE It is the intention of the parties that this Agreement shall survive any action for divorce that may be instituted or prosecuted by either party. and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 29. DIVORCE ACTION The parties, at the time of execution of the within Agreement, shall also execute Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. 30. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYLVANIA Except as specifically provided in this Agreement, each parry waives any claim they may have against the other under the Domestic Relations Code or other laws of the Commonwealth of Pennsylvania including, but not limited to, spousal support, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: A., D?G Gregory . Kennedy Stacey E. T z 10 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF On this, flie s f day of 2008, before me, a Notary Public, personally appeared Gregory A. Kennedy, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lori L. Barnes, Notary Public Montgomery Twp Franklin Coun M?, Commission &6ires Feb. 2, 2.1. Member, Penncvivan! o, Notaries COMMONWEALTH OF PENNSYLVANIA f`iotary Public SS. COUNTY OF ?Sr On this, the day of , y 2008, before me, a Notary Public, personally appeared Stacey E. Turner, formerly known as Stacey E. Kennedy, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF .PENNS'YLVANIA Notarial oOeal Lori L. Barnes, Notary Public Montgomery Twpp., Franklin County My Commission Expires Feb. 2, 2010 Member, Pennsylvania Arscciation of Notaries Notary Public 11 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition To Enforce Property Settlement Agreement to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Jay R. Braderman, Esquire Lavery, Faherty, Young & Patterson, P. C. 225 Market Street Suite 304 Harrisburg, PA 17108 Gregory A. Kennedy 607 Moul Avenue Hanover, PA 17331 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire Pa ID No. 47077 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Stacey E. Kennedy Date: September 10, 2008 LAW OFFICES SNELSAKER & BRENNEMAN, P.C. hJ `? k +._._ ? + ?. ,+ t +reV + `-: ? ?S S r) R- a . 120 8 CY, 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3973 CIVIL TERM STACEY E. KENNEDY, V. JREGORY A. KENNEDY, Defendant Plaintiff CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of ?? JV(2008 upon consideration of the 'etition to Enforce Property Settlement Agreement, it is hereby ORDERED that a Rule is issued ipon Respondent Gregory A. Kennedy to show cause, if any he should have, why the relief equested in the foregoing Petition should not be granted. RULE RETURNABLE within / 0 days of service of this Order and Petition upon tespondent's attorney. A hearing is hereby scheduled upon the Petition to take place on the day of f J%^, 2008 at 1, 3 0 o'clock/ . M. in Courtroom No. 3 of the Cumberland ?ounty Courthouse, One Courthouse Square, Carlisle, Pennsylvania. B J. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Arx" -V - vQ ,,,opal - r 4fti Q? -)I ,? 5j14(20 1 ??4R dno ? o =i ?? 9 i ??s eooz I .1NL II STACEY E. KENNEDY, Plaintiff V. GREGORY A. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3973 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the Petition to Enforce Property Settlement Agreement filed on behalf of the Plaintiff in the above matter on September 10, 2008. date: September 25, 2008 SNELBAKER & BRENNEMAN, P. C. BY: I/v Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Stacey E. Turner, formerly, Stacey E. Kennedy LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ,. 4 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Notice of Intervention to be served upon the person and in the manner indicated below: E Jay R. Braderman, Esquire Lavery, Faherty, Young & Patterson, P. C. 225 Market Street Suite 304 Harrisburg, PA 17108 SNELBAKER & BRENNEMAN, P.C. By: I /?? Keith O. Brenneman, Esquire Pa ID No. 47077 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorney for Plaintiff Stacey E. Turner, formerly ate: September 25, 2006 Stacey E. Kennedy LAW OFFICES SNELBAKER & BRENNEMAN, P.C n a C c=) o0 fP, Y ch i _ r (D w 0 _n STACEY E. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3973 CIVIL TERM vs. GREGORY A. KENNEDY, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Gregory A. Kennedy, pro se, in the above- captioned action. Respectfully, Date: Gregory A. Ke nedy PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Jay R. Braderman, Esquire, as counsel for the Defendant, Gregory A. Kennedy, in the above-captioned action. Date: 0a 96or ey)6. N6 7047 L ery, ah7rreet , Young & Patterson, P.C. 90r, Market Suite 304 P. O. Box 1 45 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 -TI y _ Fil -f t