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HomeMy WebLinkAbout04-0386 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A '[ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TIMOTHY KEYS, Plaintiff No. 2004 - .3flc. (!Iu~l ~~ CIVIL ACTION - LAW v. ANNE C. KEYS, Defendant (In Divorce) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must tak~ 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 al$o 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 pf your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is availallle in the Office of the Prothonotary at the Cumberland County Court House, High and Hanov!:r Street, Carlisle, Pennsylvania. IF YOU DO NOT FIiLE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Date: JlihLllt~ .!fJ, J-OD~ SAIDIS, SHUFF, FLOWER & LINDS:; /' 1~-4A 0ln . l'l1iul ~dSay Gi~i~ Ma~qUire - Supreme Court ill # 87954 26 West High Street Carlisle, P A 17013 (717) 243-6222 Attorneys for Plaintiff By: SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Streel Carlisle, PA II Ji IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TIMOTHY KEYS, Plaintiff No.2004- 3f1c. C"(J~L T~ v. CIVIL ACTION - LAW ANNE C. KEYS, Defendant (In Di vorce) COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Timothy Keys, who currently resides at 3 Azalea Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Anne C. Keys, who, as of February 1, 2004, will reside at 53 West Main Street, Apartment 5, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 30, 1980 in Harrisburg, Dauphin County, Pennsylvania. 5. Plaintiff and Defendant have been living separate and apart since December 20, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 2 SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS.AT-LAW 26 W. High Street CarlisJe, PA II J' 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff s Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 9. The allegations in Paragraphs One through Eight, inclusive, are made a part hereof and incorporated herein by reference. 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests this Honorable Court determine the extent of the marital assets and liabilities and order an equitable distribution thereof. Respectfully submitted, Date:JO,y\Wl~ 2(), '2J)O~ ~IS, SHUFF, FLOWER & LINDS-j B~ ~i? v1~~ :m~{~ Supreme ~:~ # 87954 26 West High Street Carlisle,PA 17013 (717) 243-6222 Attorneys for Plaintiff 3 SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS.AT.LAW 26 W. High Street Carlisle. PA AFFIDAVIT I, Timothy Keys, being duly sworn according to law, depose and say: (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 Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 1;3 10 ~ ~~!r 4 SAIDlS SHUFF, FLOWER & LINDSAY A'ITORNEYS'AT'LAW 26 W. High Street Carlisle. P A I j VERIFICATION I verifY that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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. Dated: //0 <1/0~' ". ~ft - ..t::: ~ ~ ~(' ~ ~ D. ::0 ~ 6' () 8g6 :t.J . ~~ -Fr' ~ - r- ~ ~ -"">\":' r, -/ '.j '.. '" _J,."_" G <:: ~ 0 ~~ -n ~- :ti-ng :r:,: ,nr- ....- _[T1 '"CJ ~ ~J(? ~ _\- -.., -;:; ~~C-) ::.: :~I n C;? ::~ ~ "1 T') =< CJ :-. .~ SAlOIS SHUFF, FLOWER & LINDSAY ATIQRNEYS-AT'LAW 26 W. High Street Carlisle. PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY KEYS, Plaintiff No. 2004 - 386 v. CIVIL ACTION - LAW ANNE C. KEYS, Defendant (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 9th day of February, 2004, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following person was served with a Complaint in Divorce which was filed with regard to the above-referenced matter. The Complaint in Divorce was mailed on February 2, 2004, but actual service took place on February 4, 2004, by Defendant signing for a copy of the Complaint in Divorce, which was mailed in the United States Mail, Certified Mail- Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Ms. Anne C. Keys 53 West Main Street, Apt. #5 Mechanicsburg, Pennsylvania 17055 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof Respectfully Submitted, SAID IS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff Exhibit "A" lJ S Post..1 ServIce CERTIFIED MAIL RECEIPT r lOll/( ,/., M./I101l/Y, No /f1~lJ/.lflce COVCI.19L' Provided) M :T c::J c::J Postage c::J :T c::J /TI /',.:<>'.> . / p'~r\i ~/.l c::J $ is'PS /' n ;,.......,~~....,_,....... U'J : .~~~;:.~~~e'wq""l'I~W'-St.;....P<rrt.;.:..~..u__u..... g '~:;S::';~~4.....Me.chanic.sbll.r:fJ.....PA. .J70.5.5.__ ['- Certified Fee c::J c::J c::J c::J Return Receipt Fee ''=ndorsementRequiredj Restricted Delivery Fee (Endorsement Required) Tblel Postage & Fe.. · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired, II 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 mail piece, or on the front if space permits. 1. Article Addressed to: .Ms. Anne C. Keys '53 W. Main St. Apt. #5 Mechanicsburg, PA 17055 A Signature x o Agent o Add..... C, Date of Delivery B, Received by ( Printed Name) D. Is delivery address diffemnt from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 3. Ser:vice Type ~ertlfied Mail ~xpress Mail o Registered ~Return Receipt for Merchandi.. o Insured Mail 0 C.Q,D. 4. Restricted Delivery? (Extra Fee) ~Yes 7001 2510 0000 3040 0041 .n-.--.-__~ p~~"Atel'!. : ) ':;' 4.'~'ftb o . ...~ 0_..1'1 '1Jr"l'l.il1illi Il... Oacla ' " , tIIl<8lI,..., 0... ~,. 11. 1<e95 02,. 1M (') l; ~ -r)cn !.:T:L\"'. .:.. -'.0;. -r, /.- ":~. (fJ .,,_.,. -<J";, r;. (~.J :::'.::;... ~::- ,,) Z() >c Z ~ ...... ~ ...., l"I"1 <:;0 o -n .--1 ~~:p ""'Jh,:; ~r.Jt:. be> '~j -fj :1~ -j! ~,Fi~; .:"'t ~. 5~ -<, C> =--- :x N -.l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TIMOTHY G. KEYS, Plaintiff No. 2004 - 386 v. CIVIL ACTION - LAW ANNE C. KEYS, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this ll.::.':iay of ~ClK..C.-h ,2005, BY and BETWEEN Timothy G. Keys of 85 I Lindsey Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N D Anne C. Keys of 3 Azalea Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS R. I: The parties hereto are Husband and Wife, having been joined in marriage on May 31, 1980, in Harrisburg, Dauphin County, Pennsylvania; and R.2: Three (3) children were born ofthe marriage: Nathan G. Keys, whose date of birth is July 30, 1982; Matthew 1. Keys, whose date of birth is May 11, 1984; and Abigail M. Keys, whose date of birth is July 7,1988; and R.3: Differences have arisen between the parties, in consequence of which they have lived separate and apart since December 21, 2003; and TG~K Page 1 of 16 ACK oJ?-.- R.4: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Husband filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to Docket Number 2004 - 386, Civil Tenn; and R.6: It IS the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R. 7: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.8: The parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and further including the education of their children; and TGK (f(:'~' Page 2 of 16 ACK ~ R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay, Esquire of Daley, Zucker & Gingrich, LLC, and that Wife, cognizant of her right to obtain legal representation, declares that it is her express, voluntary and knowing intention not to avail herself of her right to counsel and chooses instead to represent herself with respect to the preparation and execution of this Agreement; and R.ID: Both Husband and Wife have each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.II: Each party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each party. Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities and income of the other party. To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: TGK4k Page 3 of 16 ACK ClVZ.- (I) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: It is understood and agreed that the parties are the joint owners of certain real property located at 3 Azalea Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. Contemporaneously with the execution of this Agreement, Husband agrees that as part ofthis property settlement, he will convey all of his right, title and interest in and to said property to the Wife, free of all encumbrances except TGK <:fZ-IZ Page40f16 ACK ~ the outstanding first mortgage, which the Wife agrees to assume and pay in due course and Husband shall execute and deliver a special warranty deed conveying Husband's interest in said property to Wife. As consideration for the aforesaid conveyance, the Wife shall pay to Husband Fifteen Thousand ($15,000.00) Dollars, which amount will be paid contemporaneously with the signing of this Agreement and with the execution of the Deed conveying the marital home to Wife. Wife specifically agrees to hold Husband harmless with regard to all payments associated with the marital home from the date of separation, forward, including, but not limited to the mortgage payments, taxes, homeowner's insurance and repairs. Wife further agrees to refinance the first mortgage on the marital home into his name within 180 days of execution of this agreement. (4) DEBT: A. MARITAL DEBT: Other than those debts enumerated within, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable, incurred prior to the signing of this Agreement. 1. Each of the parties will pay all current bills and outstanding bills incurred on or before the date of separation of the parties, December 21, 2003, to the same extent that he or she has been paying then in the past and neither party shall incur any unusual bill which will bind the other party. It is understood and agreed that Husband shall assume and pay in due course, the outstanding balance(s) on the parties joint Visa and Home Depot Credit Cards up to and including any balance(s) incurred through the date of separation. Wife hereby agrees to return to Husband any and all joint credit cards or charge plates that she may have in her possession. The parties further agree that any debts incurred on said joint Page 5 of 16 ACK Qt)L..- TGK c[e,/<.' credit cards or charge plates subsequent to the date of separation, shall be the sole and exclusive responsibility of the party who incurred said debts and the debt-incurring party shall save harmless the other party from any obligation or institutions of suit thereunder. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on December 21, 2003, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEIDCLES: The parties acknowledge that they jointly hold title to a 1999 Dodge Caravan. Wife hereby relinquishes any right, title or interest she may have in and to the 1999 Dodge Caravan. Husband shall continue to maintain separate insurance on and assume full responsibility for any encumbrance on the 1999 Dodge Caravan, and shall hold harmless and indemnify Wife from any loss thereon. Within ten (10) days of the execution of this Agreement, Wife hereby agrees to execute any and all documents needed to have the 1999 Dodge Caravan properly registered solely in Husband's name with the Pennsylvania Department of Transportation. The parties further acknowledge that Wife, individually, holds title to a 2002 Volkswagen Jetta. Husband hereby relinquishes any right, title or interest he may have in and to the 2002 Volkswagen Jetta. Wife shall continue to maintain separate insurance on and assume full responsibility for any encumbrance on the 2002 Volkswagen Jetta, and shall hold Husband harmless from any loss thereon. TGK <:;0.-tZ Page 6 of 16 ACK C~ (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 40 I K plans, and the like. Husband acknowledges that the marital property of the parties' includes any marital portion of Wife's 40lK plan formerly with Mass Mutual, account number 51643-1-1 (hereinafter referred to as "Mass Mutual Retirement Account"). This asset is solely in Wife's name. The approximate value of Wife's Mass Mutual Retirement Account as of February 18, 2004 was around Twenty-Five Thousand ($25,000.00) Dollars. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of Wife's Mass Mutual Retirement Account and any marital interest he may have therein, and, notwithstanding same, Husband hereby forever waives Page 7 of 16 ACK Q...tL. TG K <:;Z;;:::. and relinquishes any right, title interest or claim he might otherwise have in and to Wife's aforesaid Mass Mutual Retirement Account. Wife acknowledges that the marital property of the parties' includes any marital portion of Husband's 401K/ESOP plan with through his employment with Dentsply (hereinafter referred to as "Dentsply Retirement Account"). Husband's Dentsply Retirement Account is currently held by T. Rowe Price. This asset is solely in Husband's name. The approximate value of Husband's Dentsply Retirement Account as of December 31, 2003 was around Eighty-Two Thousand Seventy-Four ($82,074.00) Dollars. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal and/or valuation of Husband's Dentsply Retirement Account and any marital interest she may have therein, and, notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's aforesaid Dentsply Retirement Account. The parties further acknowledge that their marital property includes any marital portion of the two (2) IRA's currently held by Jackie Powell and Associates. The parties jointly hold these assets. As of March 24,2004, the approximate value ofthe Jackie Powell IRA, account number 5AD403112, was Fifty-Six Thousand One Hundred Seventy-One ($56,171.00) Dollars. As of February 18, 2004, the approximate value of the Jackie Powell IRA, account number 5AD398213, was Fourteen Thousand Five Hundred ($14,500.00) Dollars. At the time of execution of this agreement, Wife shall become the sole owner of Jackie Powell IRA account number 5AD403112. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of this ---- TGK ~6-K Page 8 of 16 ACK~ IRA and any marital interest he may have therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to the aforesaid Jackie Powell IRA account number 5AD403112. Husband hereby agrees to execute, within five (5) days of a request by Wife to do so, any and all documents that may be needed to effectuate the transfer of this jR1\. solely into Wife's name. At the time of execution of this agreement, Wife shall become the sole owner of Jackie Powell IRA account number 5AD398213. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of this IRA and any marital interest he may have therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to the aforesaid Jackie Powell IRA account number 5AD398213. Husband hereby agrees to execute, within five (5) days of a request by Wife to do so, any and all documents that may be needed to effectuate the transfer of this IRA solely into Wife's name. (8) WAIVER of ALIMONY: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (9) EDUCATIONAL EXPENSES of the CHILDREN: The parties agree to provide appropriate educational opportunities for their children, including an undergraduate college education. The parties agree to split the cost of each child's undergraduate college education equally. The parties acknowledge that Matthew is TGK <;& )C" Page 9 of 16 ACK~ currently enrolled at Dickinson College. The parties agree to equally divide the educational expenses associated with Matthew's enrollment in Dickinson College, or any other undergraduate institution, until such time as he would graduate. For purposes of this Agreement, educational expenses shall be defined as room and board; books and supplies, including a computer and internet access; a reasonable living allowance; transportation expenses to and from school; activities fees and memberships; study abroad; clothing and equipment; and telephone calls from the child to the parents. The parties agree to make an undergraduate college education or post-high school training available to Abigail, provided that she demonstrates a readiness, ability and motivation to secure the benefits of a higher education. The parties agree to equally divide the educational expenses associated with Abigail's enrollment in an undergraduate college or post-high school training. For purposes of this Agreement, educational expenses shall be defined as room and board; books and supplies, including a computer and internet access; a reasonable living allowance; transportation expenses to and from school; activities fees and memberships; study abroad; clothing and equipment; and telephone calls from the child to the parents. (10) LIFE INSURANCE: The parties hereto acknowledge that both parties have life insurance policies. Both parties agree to maintain and pay the premiums for their existing life insurance policies. Both Husband and Wife have policies through Prudential. Wife has an additional policy through Minister's Life. Husband agrees to keep Wife as the beneficiary on his life insurance policy with Prudential until such time as Abigail either graduates from college, or four (4) years after Abigail's high school graduation. Wife agrees to keep Husband as the beneficiary of her life insurance policies through Prudential TGK y~: K Page 10 of 16 ACK C~ and Minister's Life until such time as Abigail either graduates from college, or four (4) years after Abigail's high school graduation. (II) DEPENDENCY EXEMPTIONS: Except as otherwise agreed herein, the parties agree that whoever has primary custody of the Child/Children shall be entitled to claim the Child/Children for the tax year(s) in which they have primary physical custody. (12) ATTORNEY'S FEES: Except as otherwise provided herein, each of the parties waives the right to receive a payment for counsel fees form the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (13) ADVICE of COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley, Zucker & Gingrich, LLC, and that Wife, cognizant of her right to legal representation, declares that it is her express, voluntary and knowing intention not to avail herself of her right to counsel and chooses instead to represent herself with respect to the preparation and execution of this agreement. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (14) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each ofthe parties shall from time to time, at the request of the other, execute, acknowledge Page 11 of 16 ACK o..v:--- TGK <(jG-K and deliver to the other party, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (15) INCOME TAX: The parties hereby acknowledge that they plan to file a joint tax return for the 2004 tax year. The parties hereto agree to file separate returns for all ongoing years, specifically including 2005, in which tax year, Wife shall claim Abigail and Husband shall claim Matthew. For the 2006 tax year and all ongoing years, the party having primary physical custody shall be entitled to claim that Child/Children for that tax year. (16) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (17) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure Page 12 of 16 ACK (It.~ r-;"-~ / TGK /c';j::. to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (18) WAIVER of APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, and 40lK's and IRA's, some or all of which were acquired during the marriage and therefore constitute marital property. However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (19) RIGHTS and RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (20) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. TGK <'j;{/Z Page 13 of 16 ACK~ (21) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action pending between the parties. TGK vG-K Page 14 of 16 ACK~ (22) SEPARABILITY of PROVISIONS: 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 shan be stricken from this Agreement and in an other respects this agreement shall continue in full force, effect and operation. (23) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (24) INCORPORATION into DIVORCE DECREE: The Parties agree that 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. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Divorce Caption. (25) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. TGK \i'(f;::: Page 15 of 16 ACK o...tL (26) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (27) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shal1 be bound by al1 the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legal1y bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: ~ / 1b /:- s, Plaintiff J /~~ rp \j TGK~~ Page 16 of 16 ACK~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TIMOTHY G. KEYS, Plaintiff No. 2004 - 386 v. CIVIL ACTION - LAW ANNE C. KEYS, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 30,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. 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. . 5/;!/cO , Date: Smrn to and su ~ day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY G. KEYS, Plaintiff No. 2004 - 386 v. CIVIL ACTION - LAW ANNE C. KEYS, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &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! 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 I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 1 verify that the statements made in this Waiver are true and correct to the best of my knowledge, information, and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: s /;(/t)~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY G. KEYS, Plaintiff No. 2004 - 386 v. CIVIL ACTION - LAW ANNE C. KEYS, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on January 30, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. 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: 31 JI j D.5 I I SVYRrn to and ~bed before me this .~ day of 01, 2005. ~~;PJL ot he .. ,,\ /;',. : ~. - , ,\j' ., ,,~y; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY G. KEYS, Plaintiff No. 2004 - 386 v. CIVIL ACTION - LAW ANNE C. KEYS, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 I further understand 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 to the best of my knowledge, information, and belief. 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:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY G. KEYS, Plaintiff No. 2004 - 386 v. CNIL ACTION - LAW ANNE C. KEYS, Defendant (In Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: I. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant was served via Certified Mail, Return Receipt Requested, Restricted Delivery, by signing the domestic return receipt on February 4, 2004. A Certificate of Service was filed and docketed at the above-referenced docket number on February 10, 2004. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Affidavits of Consent on March II, 2005, and are filing their Affidavits concurrently herewith. 4. Related claims pending: None. A Property Separation and Settlement Agreement was executed on 3/11105 and filed contemporaneously herewith. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Waivers of Notice of Intention to Request Entry of Divorce Decree on March II, 2005, and are filing their Waivers concurrently herewith. Date: ~31111Gc; I By: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "':of.!+'!+' '1''1' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY \~ TIMJI'HY G. KEYS, PENNA. STATE OF No. 2004-386 Plaintiff VERSUS ANNE C. KEYS, Defendant DECREE IN DIVORCE .<.2. -I 2005 ~c....Jt AND NOW, . ]T ]S ORDERED AND Timothv G. Kevs DECREED THAT , PLA]NT]FF. Anne C. Ke~s AND , DEFENDANT, ARE D]VORCED FROM THE BONDS OF MATR]MONY. THE COURT RETA]NS JUR]SD]CT]ON OF THE FOLLOW]NG CLA]MS WHICH HAVE BEEN RA]SED OF RECORD ]N TH]S ACT]ON FOR WHICH A F]NAL ORDER HAS NOT YET BEEN ENTERED; The parties' Propertv Separation and Settlement Aqreement dated March herein incorporated but not merqed. PROTHONOTARY 'I' '1''1''1''1''1' '1''1''1''1''1''1' 'I''I''I''I''I''I'+'I'+'I'+~~~+~+~+'I'++~+~~~+~+~~+~+~+~+~+~+++~~~~ ~~+ J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + ~ ",,'to J!-v1 1 ~ ~ )7; ~'!' fJ? . f'J r~"'" " 50 t:;:t' i' 5'tJ ~ s;