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HomeMy WebLinkAbout08-0068?„ • " F.\FILES\Clients\12878 C Koontz\12878.1. divorce. com Created: 6/1/06 8:50AM Revised: 1/4/08 2.3IPM Hubert X. Gilroy, Esquire I.D. 29943 Katie J. Maxwell, Esquire I.D. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHRISTINE KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- 6,9 CIVIL ACTION - LAW JAMES KOONTZ, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CHRISTINE KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- 6 S' (: 7'z..M- CIVIL ACTION - LAW JAMES KOONTZ, : Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Christine Koontz who currently resides at 9 Cardinal Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is James Koontz who currently resides at 208 Sable Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 30`h day of September, 1995. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Service Member's Civil Relief Act. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. 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. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. When at the appropriate time, Plaintiff will file an affidavit stating that two years have expired from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 of the Divorce Code. MARTSO A tFICES By H ert X. Gil , squire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 1/114/0 19 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Oo Christine Koontz FAFILES\Clients\12878 C Koontz\12878. Ldivorce.com C-- {A, (Jv -r t G. \^ ` v L? Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone: (717) 731-8114 Fax (717) 731-8115 CHRISTINE KOONTZ, Plaintiff V. JAMES KOONTZ, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 08-68 CIVIL TERM § CIVIL ACTION - LAW § IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of James Koontz, Defendant. Papers may be served at the address set forth below. Tabetha A. Tanner, Esquire Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 Respectfully submitted, Date: adz/6 $ -1a" 41 1-allx'91? - - Tabetha A. Tanner, Esquire Attorneys for Defendant Supreme Court I.D. No.: 91979 KT. Ty ?7=u: P? ? *, . J ? "! +?, r '"LES\C6ents\12878 C Koontz\12878.1.Affidav.ser divorcr.wpd „r Created: 9/20/04 0:06PM Revised: 5/12/09 4:54PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHRISTINE A. KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-0068 CIVIL ACTION - LAW JAMES L. KOONTZ, JR., Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant, Roger L. Olson, by certified mail on January 8, 2008. A copy of the Certified Mail - Return Receipt Requested, Restricted Delivery, is attached hereto and marked Exhibit A. DATE! Sworn and subscrjW before me this day of May, 09 (&A ?I Notary lic 4 0-? Hubert X. Gilr , Esquire Attorney for Plaintiff Manson De dorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 (717) 243-3341 ? Cbm Ite+?. ?. 2, i?nd `3r wt? oornpy' _ j _ re ?- Item 4 iesttictird [IhtYe is dAsbacl. ¦ Pdnt yaw name Mhd *Mrels on the rte.. p Agent p Afteme so that We can nrtgm h* cird to yam,; s Attacks 008 aOFd 1b th# bo"' of the mslpi? by (wnw C. Date O Delivery '8-08 or on t4 front If >?pragr ?ier?t'?its {.. /- 1. Article A 0Mssed to: O. b dWhwy'adQ@ee dMfaent ban bm 1? ? Yes Le J- tf:YES, enter idr Wy n below. E3 No 3. ? o f?pseaMM o A wn fMoelpt for M=Nnd " D M1ae Md p CAA. . 2. AitlaleMua*e„ µ . , 133'1' (rmw*fMbmurY1!#61ebe? 006 01 1fl oDa 787 6166 PsForm 3 1,Febuary=4 DamoftAram;Reoelpt 102MB-02-WIS40 .a A -a a ,n 1101FIF11C A L POMP i v0.5E OA13 :3 carYmF" $2.65 1E (FndoroimMtROgvk • $2.15 ' est icted 'A. -9 (Er merd 6e a :3 TOW Postage & Fees $ , c 14M ! .11 ( L :3 :a . ?;I- A E(L E12 - C. ("F' THtE I'.`'' r° A1- A)iAPY 2009 MAY 21 x`1'1 2: 10 N FAPII.& "ab\12878 C Kooatz112878.1.AQPhmt Crmced: 7/30/04 9:12AM Rcvied: 5112/09 10:SOAM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHRISTINE A. KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-0068 CIVIL ACTION - LAW JAMES L. KOONTZ, JR., Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January 4, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date:/ Christine A. Koontz, P aintiff 2009 Fill` 2 1 i MI /2 -. 10 FAFIIFS%C8mM12878 C Koooest12M.1.weiva PWO Crowd: 7/30/04 9:12AM RevW& 5/120 10:30AM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHRISTINE A. KOONTZ, Plaintiff V. JAMES L. KOONTZ, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0068 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND $ 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date:_ Christine A. Koontz,Plaintiff FILEC--O?"- C'F THE F",`` I` If? It"TAPY 2009 rfa,Y 21 Pty 2. 10 • • F:\FILFS\C1icau\12878 C Koontz\12878.1.Aff Def Created: 7/30/04 9:12AM Revised: 4/28/09 3:35PM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHRISTINE A. KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-0068 CIVIL ACTION - LAW JAMES L. KOONTZ, JR., Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January 4, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: S i 1 L. 2609 HAY 2 l P3 i -: 1 t: j ;A S`7"?J JLJ: r ?, iJ:?' 6 6.Xdi/v` 1A • • F:\FILES\Clieau\12878 C Koomz\12878. Lwaiver Def Created: 7/30/04 9:12AM Revised: 4/28/09 3:34PM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHRISTINE A. KOONTZ, Plaintiff V. JAMES L. KOONTZ, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0068 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301(c) AND $ 3301(LI) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the enalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: s-//1)02 es L. 1 CF TH11- t r t'' `^°° ? i `1RY 2009 MAY 21 PH' 2. 10 F:\FILFS\C6ems\12878 C Koomzt 12878.1.marital settlamt agreement Created: 7/30/04 9:12AM Revised: 4124/09 2:1 IPM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHRISTINE A. KOONTZ, Plaintiff V. JAMES L. KOONTZ, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0068 CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this r day of April, 2009, by and between James L. Koontz, Jr. of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and Christine A. Koontz, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on September 30, 1995, in 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, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. 1 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, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on January 4, 2008, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed. by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 2 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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 Agreement. 6. DISTRIBUTION DATE: The transfer ofproperty, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. . MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower'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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Hubert X. Gilroy, Esquire, counsel for Wife and Tabetha A. Tanner, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is 4 familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party also acknowledges that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this 5 Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: The parties jointly own real estate located at 9 Cardinal Drive, Carlisle, Cumberland County, Pennsylvania (the "Real Estate"). Husband agrees to execute a deed transferring his interest in the Real Estate to Wife and, in return, Wife shall pay Husband the sum of $35,000.00. Wife's payment shall be achieved pursuant to a refinancing of the existing mortgage on the Real Estate such that the Wife shall also have the existing mortgage satisfied and Husband's name removed from the existing mortgage. 6 13. SUPPORT OBLIGATION: There is currently a support action that Wife has filed against Husband at the Cumberland County Domestic Relations Office at PACSES No. 754110668. Upon Husband executing the deed for the Real Estate and Wife making the payment to Husband as set forth in paragraph 12 above, the support obligation from Husband to Wife shall be reduced by the amount of the mortgage deviation of $238.00 per month. The existing support order for the minor children of the parties shall remain in place. 14. BANK ACCOUNTS3CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 15. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter 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 hereafter acquired by him or her, 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. 17. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2009. For any tax returns filed jointly in the past, 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 7 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. As long as the custody situation for the minor children of the parties remains generally the same at a 50150 physical custody arrangement, the parties shall handle the dependency deductions for federal income tax purposes with Wife claiming Alexander as a dependant and Husband claiming Dawson as a dependant. For the last two years of Dawson's eligibility and in the event Alexander may no longer be claimed, Wife will claim Dawson in 2016 and Husband will claim Dawson in 2017. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafterhave against the other for alimony, alimonypendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 8 20. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: The parties waive any claim they may have to any pension, retirement, 401k, or other retirement/pension type of account in the name of the other party 21. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 22. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 24. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 25. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at 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 such interests, rights and claims. 9 26. 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. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. 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. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions 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 defaults of the same or similar nature. 10 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ITNES WITNESS (SEAL) CHRISTINE A. KOONTZ JAMES L. KOONTZ, JR. COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND (SEAL) (;? (l) , 2009 before me a Notary Public, personally On this, day of appeared Christine A. Koontz, known to me to be the person whose name is subscribed to the within Marriage 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. COMMONWEAU H OF PENNSYLVANIA Notarial Seal Shelgr Brooks, Notary Public cadiwe Boro, cWtoland courriy My Commission Expires Aug. 5, 2009 Member, Pennsylvania Association of Notaries 11 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND : On this, the day of , 2009 before me, a Notary Public, personally appeared James L. Koontz, Jr., known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. Notary Public 12 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS WITNESS COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND (SEAL) (SEAL) On this, day of , 2009 before me a Notary Public, personally appeared Christine A. Koontz, known to me to be the person whose name is subscribed to the within Marriage 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. Notary Public CHRISTINE A. KOONTZ 11 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the -YA day of 7 of AQ , 2009 before me, a Notary Public, personally appeared James L. Koontz, Jr., known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. NOVAK UK VA M A VNM NOlary Fubrc ?G1!Ala f`j uwMM IO NOWN, CUMMMA/ D COUNTY MY won SOW Nov 15. 2W9 Notary Public 12 FILE") 7- THE 2005 KAY 21 Pi 2: 10 CU i C 1d .?..?!?d .I?. .A4P:.SA"M ia~ A AN1f AkkA w'tG vO. V'`PYtlUd3;'9 e7WliSi4?f'v ?ir"J4fiC?AOIi 4?iYt'i 4tlOS ,2 a N <•3 x3 'osoftm)Z) %44 F:\F1LES\Clieots\12878 C Koontz\12878.1.Prae Created: 7/30/04 9:12AM Revixd: 5/12/09 4:45PM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHRISTINE A. KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-0068 CIVIL ACTION - LAW JAMES L. KOONTZ, JR., Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: 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) or 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: January 8, 2008 via Certified Mail - Return Receipt Requested, Restricted Delivery. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the Plaintiff s affidavit of consent required by Section 3301 (c) of the Divorce Code; May 12, 2009; by the Defendant; May 11, 2009. (b)(i) Date of execution of the Plaintiffs affidavit required by § 3301(d) of the Divorce code: (b)(ii) Date of filing and service of the Plaintiffs affidavit upon the respondent: 1 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: May 13, 2009. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 13, 2009. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 13, 2009. MARTSON LAW OFFICES By Hubert X. Gilroy, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: May. 41 , 2009 2 RLF ..., ;?F OF 11-I" €=rr 7 I ",10TARY 2093 MAY 21 PH 2: 10 r- . N, 'I 4f IN THE COURT OF COMMON PLEAS OF CH ISTINE A. KOONTZ : CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES L. KOONTZ, JR No. 2008-068 CHR DIVORCE DECREE AND NOW, Cit ris ordered and decreed that STINE A. KOONTZ , plaintiff, and JAMES L. KOONTZ, JR. bonds of matrimony. defendant, are divorced from the ny existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for whi h a final order has not yet been entered. Those claims are as follows; (If no claims remain indicate "None.") Marital Settlement Agreement dated April 27, 2009 is incorporated into this Order. Attest: J. ro notary ?. ? ? a? ?i?' a,? ?4,..,,.,t?