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HomeMy WebLinkAbout03-6667Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREW G. McLANAHAN, Plaintiff CONSTANCE T. McLANAHAN, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREW G. McLANAHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CONSTANCE T. McLANAHAN, Defendant : CIViL ACTION - LAW : 1N DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is ANDREW G. McLANAHAN, an adult individual residing at 343 North 25th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is CONSTANCE T. McLANAHAN, an adult individual residing at 127- 129 North 24th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on October 4, 1985 at York, York County, Pennsylvania. 5. There is one (1) minor child was born of this marriage, being Alexandre McLanahn (DOB: September 10, 1990). 6. The parties separated on October 27, 2003. 7. The Defendant previously filed for divorce on October 30, 2003 under Cumberland County Docket No. 03-5705. Defendant then filed with the Court on December 22, 2003 a Praecipe to Discontinue her Complaint. Additionally a divorce action in this court was filed approximately six (6) years ago. 8. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, ANDREW G. McLANAHAN, prays this Honorable Court to enter judgment awarding Plaintiffa decree in divorce. Dated: December 31, 2003 Barbara Sumple Sullivan, Esqmre Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberlmad, PA 17070 (717) 774-1445 ANDREW G. McLANAHAN, Plaintiff CONSTANCE T. McLANAHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in 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.A Section 4904 relating to unsworn falsification to authorities. ANDREW G. McLANAltAN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREW G. McLANAHAN, Plaintiff CONSTANCE T. McLANAHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Andrew G. McLanahan, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belie£ I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ANDREW G. McLANAHAN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREW G. McLANAHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-6667 CONSTANCE T. McLANAHAN, Defendant CIVIL ACTION' - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Delano M. Lantz, Esquire, hereby accept service and acknowledge receipt of the above- captioned Complaint in Divorce on behalf of my client, Constance: T. McLanahan, having received said Complaint on the ~ff/aday of "~/vtd~a~ , 2004. I hereby indicate I am authorized by my client to accept service on her behalf lano M. Lant~, E~, McNees Wallace &( 31rie~, LLC P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5348 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this '~d'~ day of December, 2003, by and between Andrew G. McLanahan, hereinafter referred to as "HUSBAND", and Constance T. McLanahan, '~ hereinafter referred to as "WIFE". I'VITNESSETH, That: WHEREAS, the parties hereto are HUSBAND and Wl]?E, having been lawfully joined in marriage on October 4, 1985, in York, York County, Pennsylwmia; I'VHEREA$, the parties separated on October 27, 2003 and WIFE filed a Complaint in Divorce; }VI-IEREA$, one (1) child was born of this marriage, being Alexandre McLanahan (DOB: September 10, 1990) WHEREAS, it is the desire of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the present, past and future support or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. 12/30/2003 NOW THEREFORE, with the foregoing recitals being: hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for 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: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. Wl]TE has been independently represented by Delano M. Lantz, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions 12/30/2003 2 of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Specifically, HUSBAND warrants and represents that he has provided full and complete information regarding all assets to WIFE and she is relying upon his disclosure. WIFE warrants and represents that she has provided full and complete information regarding all assets to HUSBAND and he is relying upon her disclosure. HUSBAND also affirmatively warrants that the financial and real estate assets he is to receive pursuant to this Agreement is equal or less than the net value of the assets received by WIFE Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil 12/30/2003 3 Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will timely execute all documents required. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference 12/30/2003 4 but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OT'gER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and ail rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, aiimony pendente lite, alimony, equitable distribution, counsel fi.~es, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the maritai relationship or otherwise, including all rights and benefits under the Pennsylvarda Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except ail rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionaily releases and forever discharges the other and his or her heirs, executors, administrators, assigns:, property and estate from any and ail rights, claims, demands or obligations arising out of or by virtue of the maritai relationship of the parties or otherwise, whether now existing or hereafter arising The above release shail be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar ailowance, or under the intestate laws, or tire right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonweaith or territory or the United States, or any other 12/30/2003 5 country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the fight of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the fight of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce whiclh either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ew,~r had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABlLITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the 12/30/2003 6 purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. 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 ,ar 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 o:~her in enforcing their rights under this Agreement. 12B0~003 7 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties will agree to file individual tax returns con'nnencing tax year 2004, and shall be responsible for any and all taxes owed based on the individual returns. HUSBAND shall have and retain the tax deduction for the parties' minor child, Alexandre McLanahan until she is emancipated. The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary information leading to the tax assessment or whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment. In that situation, the party responsible for the assessment of liability shall indemnify and save harmless the other from all additional tax, penalty, and interest. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent 12/30/2003 8 conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION H EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets set forth on Exhibit 'T' shall be the sole and separate property of WIFE and, WIFE agrees that all assets as set forth on Exhibit "2" shall be the sole and separate property of HUSBAND. Eaclh of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. It is also agreed that WIFE shall be able to transfer telephone number (717) 737-0260 to 12/30/2003 9 her address. B. REAL ESTATE The parties jointly own property at 343 North 25t~ Street, Camp Hill, Cumberland County, Pennsylvania 17011 (estimated value $300,000.00). Real estate at 127-129 North 24th Street, Camp Hill, Cumberland County, Pennsylvania (estimated value $165,000.00) is titled in WIFE's name alone. Said houses are not encumbered by any mortgages. It is the intention and desire of both parties that HUSBAND shall retain the home at 343 North 25th Street, Camp Hill, Pennsylvania and WIFE shall retain the home located at 127-129 North 24th Street, Camp Hill, Pennsylvania. WIFE agrees to vacate the 25t~ Street property on or before January 15, 2004. WIFE further agrees to remove all personalty from the home on or before March 31, 2004. WIFE agrees to execute a deed transferring all her rights, title interest in the 343 North 25th Street property to HUSBAND. Each party agrees to indemnify and save the other harmless from any real estate related indebtedness such as taxes, insurance or other costs. C. MOTOR VEltICLES Three (3) vehicles are owned by the parties and purchased during the marriage. None of these vehicles are encumbered. It is agreed that WIFE shall have sole title and ownership of the 2002 Toyota Rav 4 SUV. HUSBAND shall have sole ownership of the 1996 Toyota Tercel and the 1967 Austin Healey. Both parties agree to cooperate to execute all documentation that is necessary to transfer sole ownership and title to the other in accordance with the terms of this 12/30/2003 10 paragraph. D. FINANCIAL ASSETS The parties have accumulated certain significant financial accounts during the marriage. These accounts, and their respective values as known to or otherwise verified to exist between both parties, are set forth below: Account (as of 12/29/03) Brown and Co. #80362196 *Margin debt $173,184.00 Brown and Co. #83041008 *Margin debt $13,557.00 Titled HUSBAND's Name WIFE's N;~u'ne Value $ 618,323.00 $ 237,403.00 3. Waypoint #285 26057- 12RR685 WIFE's Name $ 189,806.00 4. Overseas Account WIFE's Name $ 48,834.00 5. Overseas Account HUSBAND's Name - approximately $ 630,000.00 The parties further acknowledge that they have acquired certain other accounts to which they have titled as UGMA accounts for the benefit of their daughter, Alexandre. These accounts include Account No. 83517708 at Brown and Co. in the approximate value of $90,012.70 and a dividend reinvestment account with Pfizer, Account #264912493-02528 in the amount of $8,750.00. The parties agree that these assets shall become the sole and separate property of their daughter and not subject to equitable distribution as part of the divorce proceeding. The 12/30/2003 11 parties agree that HUSBAND shall be named as custodian of these accounts for daughter until distributed to daughter. The accounts shall be held exclusively for the benefit of the college education for the daughter. The parties agree that in full resolution of their claims fbr equitable distribution and any and all other claims arising out of the dissolution of their marriage, the following accounts shall become the sole and separate property of WIFE: 1. Brown and Co., Acct. #80362196 $ 618,323.00 2. Brown and Co., Acct. #83041008 $ 237,403.00 3. Waypoint, Acct. #285 26057-12RR685 $ 189,806.00 4. Overseas Account-Asia Acct #HSBC 567-112685:-085 $ 48,834.00 TOTAL: $1,094,366.00 (As of 12/29/03) HUSBAND shall cooperate in transfer of all such accounts to WIFE and hereby waives, releases, and quitclaims any and all claims to or interest in said accounts. WIFE shall be solely responsible to satisfy the margin debt related to the Brown and Co. accounts, which debt has an estimated value of $186,741.00. The parties agree that in full resolution of their claims for equitable distribution and all other claims arising out of the dissolution of their marriage, the fi>llowing accounts shall become the sole and separate property of HUSBAND: 12~0~003 12 1. Overseas Account - Europe (approximately $6:30,000.00 less transaction costs) WIFE shall cooperate in transfer of this account to HUSBAND, if required, and hereby waives, releases and quitclaims any and all claims to or interest in said account. E. PENSION AND OTHER RETIREMENT ACCOUNTS HUSBAND has acquired a 401 (K) account through his employment with Public Financial Management. Said account has a marital account balance of ONE HUNDRED THIRTEEN THOUSAND DOLLARS ($113,000.00). Said account shall be the sole and separate property of HUSBAND and WIFE hereby waives any and all claims thereto. HUSBAND has also contributed during the marriage to an Individual Retirement Account in the approximate amount of THIRTEEN THOUSAND EIGHT HUNDRED DOLLARS ($13,800.00). Said account is currently held by Brown and Co., Account #84038905. Said account shall be the sole and separate property of HUSBAND and WIFE hereby waives any and all claims thereto. F. INSURANCE Life: Each party shall retain ownership of any life insurance policy in his or her name. 12/30/2003 13 Health: HUSBAND agrees to maintain WI~E on medical insurance provided by his employer until entry of the divorce decree. WIFE agrees to pay HUSBAND the difference between the monthly employee payment for health insurance based on the rate for a parent one child versus the rate for family coverage. If this payment is not made, HUSBAND shall have the right to offset same against the sums due pursuant to Section III(1) of this Agreement. After the entry of the decree, WIFE shall be eligible for COBRA coverage offered through IqJJSBAND's employer. Currently, said plan provides for thirty (36) months at WIFE's costs and two percent (2%) administrative fee. Currently, the COBRA rate is $238.67 per month, plus 2% or $243.44, per month. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmles,,~ from and against all future obligations of every kind incurred by them, including those for necessities. The parties had a Chase MasterCard, Account #5269 9300 4111 3764, which has an approximate marital balance of ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800.0,0). HUSBAND agrees that he shall be solely responsible for said indebtedness. WIFE's right to use the card is hereby terminated. The parties confirm that all joint credit cards or other obligations have been 12/30/2003 14 terminated. SECTION m CHILD SUPPORT, SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, MAINTENANCE AND ALEM[ONY 1. ClqlI,D SUPPORT The parties agree to the establishment of a child support order in accordance with the existing Pennsylvania statewide support guidelines. The parties agree that this order is subject to review upon petition to the Office of Domestic Relations by either party upon occurrence of a changed circumstance. However, the duration of the child support shall not be subject to modification but shall terminate in accordance with the conditions set forth in this agreement. Effective February 1, 2004, HUSBAND shall pay to WIFE the sum of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) per month as child support. Child support shall continue through May 31, 2009. However, it is agreed that beginning June 1, 2009 through May 1, 2013, HUSBAND agrees to pay as support for the child one-half(I/2) of the then current child support amount as of the date of her emancipation but in no event more than SIX HLrNDRED DOLLARS ($600.00) per month. The payment following the child's graduation from high school is to be made only upon the condition that Alexandre McLanahan is attending college on a full time basis and WIFE is not remarried. If WIFE remarries or th,; child is not attending full time college, the support payable on behalf of Alexandre shall end at time of high school graduation 12/30/2003 15 and no payment shall be due after June 1, 2009. HUSBAND shall further agrees to maintain health insurance on daughter as provided through his employment. Under the current order, HUSBANI) further agrees to reimburse WIFE sixty-two percent (62%) of all non-reimbursed medical expenses after the first $250.00 of out of pocket expenses during each year. 2. ALIMONY~ ALIMONY PENDENTE LITE~ SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any further or future right to seek fi.om the other any payment f~or spousal support, alimony, alimony pendente lite and maintenance. SECTION IV CUSTODY The parties shall share legal and physical custody of their child, Alexandre McLanahan. WIFE shall have primary physical custody of the child subject to. mutually agreed upon periods of partial custody with HUSBAND. If no agreement can be reached, these periods shall include: 12/30/2003 16 a) b) c) d) Alternating weekends from Friday after school 'to Sunday night at 7:00 p.m.; One evening per week from after school until 9:00 p.m.; Shared holidays: and Two weeks of summer vacation each year. SECTION V CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed WITNESS ~}NDREW G. I¥IcLANAHAN CONSTANCE T. McLANAItAN 12/30/2003 17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonweakh and County, personally appeared Andrew G. McLanahan, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are tree and correct to the best of his knowledge, information and belie£ cribed to before me this f__ -'pUBLiC My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND da,./of December, 2003. ) ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Constance T. MeLanahan, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belie£ /~ribed to~_before me this ./~OT~/.IC f/Vly commiSsion expires: da)' of December, 2003. (SEAL) 12/30/2003 18 BARA SUMPLE-SULLiVAN I Notary Public 1 / ._ UM~R~D C~N~ L~ C~ml~n Expeea ~v 1~, 2~7 Exhibit I Furniture Connie McLanahan Dining Room Table and 8 Chairs Dining Room Breakfront Alex's Bedroom Furniture Master Bedroom Furniture Including Beds and Two Chest of Drawers Disney Room Furniture Including Two Love Seat Foldout Beds Large Living Room Furniture Including One Sectional Sofa, Two Love Seats and Four Glass Tables ,Four Lamps ,Four Wicker Chairs and One Wicker Stool Small Living Room Furniture Including Two End Tables ,a Small Library Table,Two Wing Chairs,Two Footstools and Sofa Andrew's Box Painting Stool All Furniture in the Finished Basement Patio Furniture Kitchen TV Basement TV Big Living Room TV Stereo in Kitchen Stereo in Alex's Room Nine Oriental Rugs All Painted Glass All Painting Supplies ½ of All kitchen equipment Low Boy Art Collection and Other Framed Items 1)Artist in. Montmartre-Finn Wennerwald-Danish 20t~ Century 2)Village on Lake Como-Finn Wennerwaid- Danish 20th Century 3)hops in Paris-Pebran Rasmussen- Danish 20t~ Century 4)Evening in Montmaxtre-Pebran Rasmussen- Danish 20th Century 5)Bridge on the River Seine-Feinar-Danish 20th Century 6)Hauling Wood in Winter-Colistin Brugner-Swiss 19th Century 7)Three Girls Picking Flowers in a Field-Einar Parsley- Danish 20th Century 8)Street Scene in Paris-Luciano Rampazo-Italian 20th Century ~, 9)Haycocks in the Summer-Sven Drews- Danish 20th Century 10)Haycocks on the Inlet-Lars Kliim Danish 20th Century 11)Boat on a Iatke-Engmannn Danish 20th Century 12)A Quiet River Scene-Artist Unknow 19th Century 13)Horses Pulling a Wagon Along the Shore-Kai Drews- Dmfish 20th Century 14)Fisherman Walking Among the Sand Dunes_Carl Schmid.t-German 19th Century 15)Windmill on a Frozen Lake -Artist Unknown-Dutch 19th ,Century 16)Night Time in Paris on the River Seine- Macis American 20th Century 17)Gifts Picking Poppys in a Field- Ronald Hansen-Danish 20th Century 18)A Canal Scene with Sailboat in Copenhagen-Svendson Danish 20th Century 19) Landscape of Cottages Along a River-Stenderr-Danish 20th century 20)All Pictures of Alex and Grandchildren except for one fnrmed Portrait of Alex by Mary Ann Lehrs Exhibit lI Andrew Mclanahan Art Collection and Other Framed Items 1)Cellar Master Tasting Wine with Merchants-Hans Lassen-20th Century German 2)Wine Tasting in the Wine Cellar-Hans Lassen-20th Centur../German 3)The Tasting of the New Vintage-Hans Lassen-20th Century German 4)The Wine Tasting-Hans Lassen-20th Century German 5)Four Men Playing Cards and Drinking Wine-Hans Lassen-.20t~ Century German 6)Four men Dining in a Restaurant-Hans Lassen-20th Century German 7)Friends Gathering in a Restaurant for Dinner-Hans Lassen-20th Century German 8)Copy of Pieter De Hooch's Maid Serving Wine to a Soldier-Artist Unknown - DateUnknown 9)Portrait of Alex-Mary Ann Lehrs 10)Map of British Isles_Ortelius 1 l)Map of British Isles_Allard 12)Map of Iles de Paris-Ortelius 13)Map of Switzefland-Cluver 14)Map of Europe-Map of Ireland-Unknown 15)Framed Documents of William Bradford 16)Framed Pennsylvania Colonial Currency 17) Brige on the River Seine-Marx Reese Fumiture Tall Clock in the Dining Room Secretary in the Small Living Room Drop Leaf Table in the Dining Room Bookcase in the Library Leather Chair in the Library Tea Table in the Small Living Room Bookcase in Library Bunk Beds Library TV Telescopes - Martin, Pfossel, Cooke, Clacey Theodolite-Troughton & Sims One Oriental Rug Lawn Mower Wine Table and Acccessories Kitchen Table and Chairs All Wine and all Books except for books on religion and self help books. ANDREW G. McLANAHAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-6667 CONSTANCE T. McLANAHAN, Defendant : CIVIL ACTION - LAW ' IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 31, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. 2.S A Section 4904 relating to unsworn falsification to authorities. DATE: ~,'z g' ,2004 Andrew G. McLanahan ANDREW G. McLANAHAN, : IN THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA v. ' NO. 03-6667 CONSTANCE T. McLANAHAN, Defendant · CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION' TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa. CS. {}4904 relating to unswom falsification to authorities. DATE: r/~y ~ ,2004 Andrew G. McLanahan ANDREW G. McLANAHAN, Plaintiff CONSTANCE T. McLANAHAN, Defendant : IN THE COU[[T OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-6667 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 31, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE.' ,2004 Constance T. McLanahan COMMONWEALTH OF PENNSYLVANIA ) )ss. COUNTY OF &~ ~.(/~ ) Before me, the undersigned officer, a Notary Public in ~md for said Commonwealth and County, personally appeared CONSTANCE T. McLANABAN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of her knowledge, information and belie£ Affirmed and subscribed to before me this NOTARY PfJBII~C My Commission Expires: (SEAL) dayof. ,J/~, 2004. ANDREW G. McLANAHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLA2qD COUNTY, PENNSYLVANIA v. : NO. 03-6667 CONSTANCE T. McLANAHAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c~ OF TIlE 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy &the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa. CS. {}4904 relating to unsworn falsification to authorities. DATE: J~/~l~2., /.,2~, 2004 Constance T. McLanahan COMMONWEALTH OF PENNSYLVANIA ) )ss. COUNTY OF ~ ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared CONSTANCE T. McLANAItAN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE are true and correct to the best of her knowledge, information and belief Affirmed and subscribed to before me this /2.~ NOTARY lil~LIC My Commission Expires: (SEe) day of_ ~.. (~ ,. 2004. Barbara Sumple-Sullivan, Esquire Supreme Court #323 l 7 549 Bridge Sheet New Cumberland, PA 17070 (717) 774-1445 ANDREW G. McLANAHAN, Plaintiff · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-6667 CONSTANCE T. McLANAHAN, Defendant · CIVIL ACTION - LAW : 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 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Accep~tance of Service dated February 5, 2004. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by PlaintiffMay 6, 2004; by Defendant May 12, 2004. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 30, 2003 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: May 17, 2004. Date Defendant's Waiver of Notice in 3301(c) Divorce. y~as filed with Prothonotary: May 17, 2004. Dated: May 14, 2004 ,~ Barbara Sumple-Sullivan, Esquire £ 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court 1D #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREW G. McLANAHAN, : IN THE COURT OF COMMON PLEAS Plaintiff v. CONSTANCE T. McLANAHAN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA ' NO. O3-6667 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVIC__.E I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: May 14, 2004 Ms. Constance T. McLanahml_. 129 North 24th StreeI//~- J _ Camp Hill~ff~~ / Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-][445 Supreme Court I.D. #32317 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ANDREW G. McLANAHAN, Plaintiff VERSUS CONSTANCE T. McLANAHAN, Defendant PENNA. No. 03-6667 DECREE IN DIVORCE DECREED THAT G. Mc~ AND CONSTANCE 'T. McLANAHAN 2004 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURiSDICTiON OF THE FOL. LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Ail matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 30, 2003 and[ incorporated, but not merged, into the Decree. PROTHONOTARY ~. '~ ~ + + +++ + +++ +++++ +++++ + ++ + +++ + ++ +++ + ++