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HomeMy WebLinkAbout08-6489JENNIFER E. LOZADA-CROCKETT, PLAINTIFF V. ADAM B. CROCKETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- (0439 ?IVi t ??'.IrM : DIVORCE ACTION 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. A list of marriage counselors is available in the Office of the Prothonotary at (814) 486-3355, Cameron County Courthouse, 20 E. Fifth Street, Emporium, PA 15834. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 JENNIFER E. LOZADA-CROCKETT, PLAINTIFF V. ADAM B. CROCKETT, DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ' l NO. OF- ?48j ct?n.l °-?"- DIVORCE ACTION COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Jennifer E. Lozada-Crockett, is an adult individual who currently resides at 109 North 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Adam B. Crockett, is an adult individual who is currently residing at the 109 North 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on May 11, 2002 in Mason, Ohio. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 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. 9. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff, Jennifer E. Lozada-Crockett, urges this Honorable Court to enter a Decree of Divorce. Respectfully s NEALON & By: V :--/ v _ . James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: i o y VERIFICATION I, Jennifer E. Lozada-Crockett, verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. cq? Date: LUL'-' J nifer . Lozada-Cr eft N ' ? ?iy 7 JENNIFER E. LOZADA-CROCKETT, PLAINTIFF V. ADAM B. CROCKETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. ??- Ccg139 C V DIVORCE ACTION ACCEPTANCE OF SERVICE I accept service of the Complaint under Section 3301(c) or Section 3301(d) of the Divorce Code. /l ra ? Date 1 rv j3 S v "yf..?lTy' f • JENNIFER E. LOZADA-CROCKETT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6489 ADAM B. CROCKETT, DIVORCE ACTION DEFENDANT ppAprlpF Please file the attached Marital Settlement Agreement of record. Respectfully subm NEALON LAW James G. Nealon, III Attorney ID #46457 2411 North Front Street l Harrisburg, PA 17110 / (717) 232-9900 1 MARITAL SETTLEMENT AGREEMENT AGREEMENT, by and between JENNIFER E. LOZADA-CROCKETT, hereinafter referred to as "Wife", and ADAM B. CROCKETT, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 11, 2002,'and there are two children born of the marriage, Elena Crockett, born November 8, 2003, and Gabriella Crockett, born June 12, 2005; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support 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 one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The parties agree that, unless 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. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them.. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the sole purpose of enforcement of any of the provisions thereof and not for modification of the Agreement. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, tht "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, James G. Nealon, III, Esquire and to Husband by his attorney, Diane S. Baker, Esquire. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 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. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 6. PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, 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 or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy 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 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 other 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, property division, costs or expenses, whether arising as a result of the marital relation 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 provision thereof. It is the intention of Husband and Wife to give to 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. 9. DATE OF SEPARATION. The parties agree that for the purpose of equitable distribution the date of separation of the parties was October 31, 2008, the date Wife filed a Complaint in Divorce docketed to Cumberland County No. 2008-6489 Civil Term. 10. RETIREMENT ACCOUNTS AND PENSION PLANS. Wife is the title owner of a roll-over IRA administered by Edward Jones valued at approximately $7,600 that was accrued as a result of her employment with Butler County Children Services. Wife has no other retirement benefits earned during the marriage. As a result of his employment during the marriage with Pomeroy IT Solutions, Husband is the title owner of a roll-over IRA administered by HD Vest valued at approximately $83,000. The parties agree that for equitable distribution purposes the agreed upon marital value of this account is approximately $48,000. Husband is now employed by PC Parts and as a result of said employment is the title owner of a 401(k) plan valued at approximately $7,500 that was accrued after the date of separation. In order to effectuate equitable distribution, the parties agree that Wife shall receive the sum of $24,000, as of October 31, 2008, plus earnings and losses thereon, as a transfer from Husband's HD Vest account. It is intended by the parties that this provision for transfer of retirement benefits shall be approved by the court as a separate order, which shall constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the I.R.C. Wife shall be responsible for preparation of the QDRO and Husband shall provide all necessary information and shall sign all necessary documents upon request. Except as set forth above, Wife and Husband hereby release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. 11. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property in as equitable a manner as possib!e. The stove, refrigerator, washer and dryer currently located in the marital residence shall remain with the property and be included with the eventual sale of the property. Husband shall receive his personal possessions, clothing, and the home office equipment along with an equitable share of items such as kitchenware, linens, photos, books, and home decor. Husband shall also receive the master bedroom furniture and home office desk however these items shall remain in the marital residence until Husband returns to residence as set forth in Paragraph 21 of this Agreement. The remaining items of furniture and home furnishings shall become the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 12. AFTER-ACOUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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. 13. AUTOMOBILES. The parties have a lease interest in the following vehicles: a 2009 Toyota Rav and a 2007 Toyota Camry. Wife shall have possession of the 2009 Toyota Rav and shall be solely responsible for the lease interest on said vehicle and shall indemnify and hold Husband harmless therefrom. Husband shall have possession of the 2007 Toyota Camry and shall be solely responsible for the lease interest on said vehicle and shall indemnify and hold Wife harmless therefrom. Both parties shall maintain appropriate insurance coverage on the vehicle they have assumed. Both parties agree that they shall cooperate and sign any necessary documents to effectuate this paragraph. 14. BANK AND INVESTMENT ACCOUNTS. During the course . of the marriage the parties acquired the following investment accounts: a. Edward Jones Roth IRA titled to Husband and valued at approximately $4,100; b. General Electric stock valued at approximately $700; and, c. Edward Jones Mutual Fund account valued at approximately $3,000. The parties agree that in consideration of Husband assuming a disproportionate share of the marital debt, as set forth in Paragraph 16 of this Agreement, the aforementioned bank and investment accounts shall all become the sole and exclusive property of Husband and Wife waives any rights she may have to said accounts. Except as set forth above, the parties agree that they have no remaining joint bank accounts. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 15. EDUCATION ACCOUNTS FOR MINOR CHILDREN. During the course of the marriage the parties established the following custodial accounts for each of their minor children: a. 529 Oppenheimer accounts each valued at approximately $1,200; and, b. PNC money market accounts each valued at approximately: $4,700. The parties agree that Husband shall continue to manage these accounts and they shall be used towards college education costs for Elena and Gabriella. Upon request, Husband shall provide to Wife copies of statements or account value information. 16. CURRENT UNSECURED LIABILITIES. During the course of the marriage the parties accumulated the following unsecured credit card liabilities: a. US Bank Visa, approximate amount of debt: $3,200; b. CitiCard MasterCard, approximate amount of debt: $500; and, c. Gap credit card, approximate amount of debt: $700. In consideration of Husband's receipt of the miscellaneous investment accounts set forth in Paragraph 14 of the Agreement, Husband agrees that he shall be solely responsible for the aforesaid unsecured liabilities and shall indemnify and hold Wife harmless therefrom. Except as may be set forth above and elsewhere in this Agreement, the parties agree that they have no joint liabilities. All remaining debts accumulated during the marriage, including Wife's Student Loan owed to American Education Service, are in the sole and separate name of the individual parties and shall become the sole and separate responsibility of the named party. 17. OHIO REAL ESTATE VENTURE LIABILITIES. During the course of the marriage the parties invested in several parcels of real estate in Ohio. The parcels have been liquidated however the properties were secured by a line of credit loan of approximately $25,000 owed to Key Bank which remains in default. The parties agree that they will continue to cooperate and employ Irving Sugerman, Esquire, for the purpose of limiting the outstanding debt. Husband agrees that he shall be solely responsible for any outstanding deficit and shall indemnify and hold Wife harmless therefrom. 18. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for 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. 19. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each 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 for 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. 20. LIFE INSURANCE. All life insurance policies owned by the parties shall become the sole and separate property of the party in whose name the policy is in and both parties specifically waive any rights which they may have to said policies by virtue of having been a named beneficiary thereon. 21. REAL ESTATE. The parties are the owners of a residence located at 109 North 26th Street, Camp Hill, Cumberland County, Pennsylvania. Unless otherwise agreed upon by the parties, Wife shall have exclusive possession of the property from January 6, 2009 until January 1, 2011. During Wife's term of occupancy, she shall be solely responsible for the monthly mortgage payment of approximately $1445 owed to CitiMortgage. Wife shall also be solely responsible for all other expenses related to the residence including but not limited to taxes, utilities and insurance and repairs, except that the cost any major repair (defined as a necessary repair costing in excess of $1,000) shall be shared equally by the parties. The residence is also subject to a second mortgage that is also owed to CitiMortgage. The parties agree that until such time as the property is sold (or transferred to Wife) and the mortgages satisfied, Husband shall assume sole responsibility for the monthly payment of approximately $150 owed towards the second mortgage. At any time prior to January 1, 2011, Wife shall have the option to buy-out Husband's interest in the property and refinance the existing mortgages into her name alone, paying to Husband forty percent (40%) of the equity in the home as of the date of refinancing. If Wife should choose to refinance and pay to Husband his share of the equity, said equity shall be determined by an appraisal done by a mutually agreed upon certified appraiser (or by the average of individual appraisals attained by each of the parties) less the amount owed on both mortgages. In the event that Wife chooses to not to buy out Husband prior to January 1, 2011, she shall notify Husband at least 60 days in advance of her intention. Husband shall then have the right to buy out Wife and assume exclusive possession of the residence in which case he shall be solely responsible for all debts related to the residence including the first: mortgage payment, taxes, utilities, insurance and repairs, except that the cost any major repair (defined as a necessary repair costing in excess of $1,000) shall be shared equally by the parties. If' Husband chooses to buy-out Wife, he shall refinance the existing mortgages so as to remove Wife from the obligation and pay her sixty percent (60%) of the equity at the time of refinancing. If Husband chooses not to buy-out Wife the property shall be listed for sale through a mutually agreed upon real estate agent. Both parties shall cooperate with the sale and in the event of a dispute about listing or sale price they shall follow the recommendation of the listing agent. The proceeds from the sale, after payment of all normal sale costs including both mortgages shall be divided such that Wife receives sixty (60%) of the proceeds and Husband receives forty percent (40%) of the proceeds. If the proceeds are insufficient to satisfy the mortgages and the costs of sale, the parties shall be equally responsible for the remaining debt. Both parties agree to sign all documents necessary to implement this paragraph upon request 22. HEALTHCARE COVERAGE. Both parties acknowledge that, effective the date of entry of a Decree in Divorce, it shall be their individual responsibility to provide their own medical insurance coverage. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Husband and Wife to immediately notify his or her employer of the change in marital status. Husband shall however continue to provide medical coverage for Wife until October 1, 2009, and for the minor children for so long as it is available to him through his employer at a reasonable cost. 23. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against.any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 24. TAX DEDUCTIONS FOR MINOR CHILDREN. The parties agree that they shall share the entitlement to claim the minor children as an exemption for income tax purposes. Husband shall be entitled to the deduction for Elena in odd numbered tax years and for Gabriella in even numbered years. Wife shall be entitled to the deduction for Gabriella in odd numbered tax years and for Elena in even numbered years. Both parties agree to execute all documents necessary to implement this paragraph upon request. 25. . BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. 26. PAYMENT OF LEGAL FEES. Wife shall be responsible for payment of her legal fees and Husband shall be responsible for payment of his legal fees. 27. ALIMONY. ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT Effective the date of execution of this Agreement, Husband agrees to pay alimony to Wife in the amount of $2100 per month for her separate support and maintenance. Payment shall be made to Wife in equal monthly installments on the 151 and 15`" of each month. This obligation shall continue until the minor child Gabriella begins First Grade at which time the amount shall reduce to $1,050 per month and shall continue for an additional twenty-four (24) months at which time Husband's alimony obligation to Wife shall terminate. It is expected that Gabriella shall begin First Grade in September, 2011, however in the event of a dispute between the parties concerning the appropriate date for Gabriella to begin school it is agreed that they will follow the recommendation of the school guidance counselor or other appropriate professional. The parties agree that the entire amount being paid to Wife pursuant to this Paragraph is a separate maintenance periodic payment, included and intended to be included with the income of Wife and deductible from Husband's gross income pursuant to the meaning and intent of Section 71 of the United States Internal Revenue Code. The parties acknowledge that the alimony provisions herein have been negotiated to take into account the parties' overall economic circumstances and shall be non-modifiable in amount and duration under any circumstances except Husband's disability or loss of employment through no fault of his own or upon the death of either party which shall cause the alimony obligation to immediately terminate. It is assumed that Wife will not seek employment until Gabriella begins First Grade but shall instead serve as a full time caretaker for the minor children. Should Wife obtain employment out of the home prior to Gabriella beginning First Grade and seek reimbursement from Husband for day care expenses, any obligation Husband may have towards day care expenses shall be deducted directly from his alimony obligation. However, once Gabriella begins First Grade Husband's day care expense obligation shall be as directed by the Support Guidelines. Payments shall be made directly to Wife however, in the event that Husband fails to make the required payments, Wife shall be entitled to file this Agreement with the Office of Domestic Relations or other court of competent jurisdiction for wage attachment and enforcement purposes. 29. CHILD SUPPORT. Husband shall pay child support to Wife in the amount of $2100 per month for support of the minor children. Husband shall also pay fifty percent (50%) of the cost of any mutually agreed upon extra-curricular activity and one hundred percent (100%) of the cost of any mutually agreed upon preschool program. Payment shall be made to Wife in equal monthly installments on the I" and 15th of each month. The provisions of this paragraph may be modified by agreement of the parties or by petition to the court of appropriate jurisdiction in accordance with the Supreme Court Support Guidelines. Upon modification, Husband shall be entitled to all appropriate credits for providing medical insurance and paying preschool and extra-curricular activity costs. 30. CHILD CUSTODY. Husband and Wife shall share physical and legal custody of their minor children Elena and Gabriella. It is the intention of the parties that they shall work out a schedule that affords them each equal time with the children and they agree that they shall work together as necessary to modify the schedule to serve the best interests of their . f children. Neither party shall move more than 25 miles from the marital residence without the written permission of the other party or further order of court 31. 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 transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the party receiving the property. 32. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire additional marital counseling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, on or about October 1, 2009, both parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 33. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 34. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 35. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 36. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 37. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 38. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 39. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. The parties further acknowledge that any previous agreements between them are incorporated herein. 40. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 41. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 42. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text. of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. rN WITH HEREOF, the parties hereto have set their hands. ArIrr'XTr. V V ?. \..l\V \?11L. . / VA 1 L.. 7 Z /DATE 712 f 0`7 Crockettrevisedjuly Ldoc 4 .k r COMMONWEALTH OF PENNSYLVANIA : :ss. COUNTY OF IrA,,, ?h N On this th )n4 the day of , 2009, before me a Notary Public of the Commonwealth of Pennsylvania personally appeared JENNIFER E. LOZADA-CROCKETT known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. "--??Notary Public COMMONWEALTH OF PENNSYLVANIA NOW(W Berbera J. Nealon, Notary Pub#c Cibr or Mw"Arp, Dauphin County My Commission Expirq Dec. 21, 2011 Member, Pennsylvania Assodadon of Notaries COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF 0a-1 On this, the ?day of vL , 2009, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared ADAM B. CROCKETT known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Diane S. Baker, Notary Pdit Lather Paxton Twp., Dauphin County My Commission E*Ires May 13, 2011 Pennsylvania Association of Notaries RLM-COFFICIE OF THE MMMTARY 2009 AUG 13 PM 2: 31 C"E,R-949 GOLMY PEWYLV" +.01, M. JENNIFER E. LOZADA- : IN THE COURT OF COMMON PLEAS CROCKETT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 2008-6489 ADAM B. CROCKETT, : CIVIL ACTION -LAW Defendant : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on October 31, 2008. 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 of divorce after service of notice of intention to request entry of the decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. DATED: 40 AD 6CROCKETT DEFENDANT (y TH- P; 2009 AUG 31 FM 12: 0 - a- JENNIFER E. LOZADA- CROCKETT, Plaintiff VS. ADAM B. CROCKETT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-6489 CIVIL ACTION -LAW 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 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 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. Is 16k DATED: g?u?v5 ADAM B. CROCKETT DEFENDANT Fig}EE -", t-il; O THE- " of '' r "qy 2009 AUG 31 F IH 12: 0 8 MATTLEMAN, WEINROTH & MILLER P.C. By: Alison B. Weinroth-Shaw, Esquire Attorney I.D. No.: 84407 Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 Tele: 215-923-2225 .u HIIOrnep ivi riau 161 1 SCS CREDIT CORP. Plaintiff, V. RACHEL BRAKE Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO.: 6q-&q89 1 4 6 terw` PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT TO THE PROTHONOTARY OF YORK COUNTY: Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa. Cons. Stat. 4306, kindly enter judgment in favor of Plaintiff, SCS Credit Corp., and against the Defendant, Rachel Brake, in the amount of $6,000.00 plus interest at the legal rate (8%) from April 30, 2003 until paid, in accordance with the attached certified copy of the docket entries and judgment originally entered at Cause No. 49K06 0303 SC 2986 of the Small Claims Court of the Township of Warren County of Marion, in the State of Indiana, and index said judgment against the Defendant. Attorney for Plaintiff Alison B. Weinroth-Shaw, Esquire Attorney I.D. No.: 84407 Land Title Building Broad and Chestnut Streets Philadelphia, PA 19110 MATTLEMAN, WEINROTH & MILLER P.C. By: Alison B. Weinroth-Shaw, Esquire Attorney I.D. No.: 84407 Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 Tele: 215-923-2225 Tor mainun SCS CREDIT CORP. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. RACHEL BRAKE Defendant CASE NO.: AFFIDAVIT IN SUPPORT OF PRAECIPE TO TRANSFER JUDGMENT STATE OF NEW JERSEY SS: COUNTY OF CAMDEN I, Alison B. Weinroth-Shaw, Esquire, being duly sworn according to law, depose and state: 1. 1 am an attorney in good standing, admitted to practice in the courts of this Commonwealth, and am counsel of record for the Plaintiff-judgment creditor, SCS Credit Corp., in the above-captioned matter. 2. 1 am authorized to make this Affidavit on behalf of the Plaintiff. 3. The last-known address of the Defendant, Rachel Brake is 29 Chestnut Street, Newville, Pennsylvania 17241. 4. The judgment reflected by Cause No. 49K06 0303 SC 2986 of the Small Claims Court of the Township of Warren County of Marion, in the State of Indiana is for $6,000.00 plus interest at the legal rate (8%) from April 30, 2003 until paid. Mattleman, Weinroth & Miller, P.C. S ALa2Q Alison B. Weinroth-Shaw, Esquire #84407 SWORN to and Subscribed before me this 2/& day of 9. mlA n-4 Notary P lic WXGNV R. IP Un Pubic sblk ot'ilwr,ilfw My Ca wb" E*n Jwjwy 24.2011 i :r?:Jty' '; `y ?(iy MATTLEMAN, WEINROTH & MILLER P.C. By: Alison B. Weinroth-Shaw, Esquire Attorney I.D. No.: 84407 Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 Tele: 215-923-2225 rlnorneys iul r10!1ILI SCS Credit Corp. Plaintiff, V. Rachel Brake Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO.: NOTICE OF ENTRY OF TRANSFERRED JUDGMENT TO: Rachel Brake. 29 Chestnut Street Newville, PA 17241 PLEASE TAKE NOTICE that a judgment has been entered against you in the above- captioned matter, upon transfer of the same judgment from Cause No.: 49K06 0303 SC 2986 of the Small Claims Court of the Township of Warren County of Marion, in the State of Indiana. Prothonotary State of InAana, Marion County, ss: I, _,i a+?oi V?r_, sole Judge of the Warren Court of Marion County in the State of Indiana do hereby certify that the foregoing attestation and certificate of- Amy Cobb, Clerk, is in due form of law, and that the said Amy Cobb is and at the time of the making of said certificate and attestation, was the Clerk of said Warren Court of Marion County in the said State, and is, and at the same time was, the proper officer to make such attestation and certificate, and that this signature thereto is genuine, and that as such Clerk she is the sole custodian of the papers, documents, records and seal pertaining to said Court. WITNESS my hand and the seal of said Cou , affixed at the City Of Indianapolis, Indiana, this day of , 20 Judge, Wane nship o Ma on County Small Cl. ms Court. - - - Certified A True and Accurate Copy _ Warren Township of Marion County, Small Claims Court By Clerk Dated State of Indiana, Marion County, ss: I, Am Cob Clerk nf the Warren Court of Marion County, in the State of Indiana, do certify that. Rira.rjo RZuzra, whose signature appears to the foregoing certificate, is, and was at'the time of signing said certificate, the sole Judge of said Court, duly commissioned and qualified, in accordance with the laws of the State Of Indiana. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal U said Court at the City of Indianapolis, I Tana this /a day of VULAV, , 20 lC Clerk of the' WIfren Township of Marion County, Small Claims Court. CERTIFIED JUDGMENT WARREN TOWNSHIP OF MARION COUNTY SMALL CLAIMS COURT STATE OF INDIANA 501 NORTH POST ROAD / SUITE C COUNTY OF MARION, SS: INDIANAPOLIS, IN 46219 PHONE (317) 327-8919 FAX (317) 327-8922 SCS CREDIT PO BOX 4020 SOUTH BEND, Plaintiff CORP IN 46634 RACHEL BRAKE PO BOX 1191 NEW CASTLE, IN 47362 Judgment-Defendant VS. Cause No. 491(06 0303 SC 2986 Be it remembered that the following judgment was rendered in the above cause to wit: Comes now the Plaintiff and having filed their complaint against the defendant and it appearing from the return of summons that the same has been duly served by the constable on the 31 day of MARCH 2003. It is therefore ordered and adjudged and decreed by the court that the Plaintiff have and recover of and from the Defendant the sum of $ 6,000.00 , together with costs and accruing interest thereon from this date. I, do hereby certify that the foregoing is a true copy of the Judgment and decree of said court in the above entitled cause, entered on the records of this court on the 30 day of APRIL 2003. In testimony whereof, I have set my hand and seal of this court on this 12 day of AUGUST 2009. This instrument was prepared by AC Certified A True And Accurate COPY. Marion county Small claims Court, Warren Township Division BY Clerk Dated: ? rr,G?.RJ 4a4.oo M A-^I P-r* a3 lobq ?Joke?. ?1ax1??Q MATTLEMAN, WEINROTH & MILLER P.C. By: Alison B. Weinroth-Shaw, Esquire Attorney I.D. No.: 84407 Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 Tele: 215-923-2225 Tor mainun SCS CREDIT CORP. I COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. RACHEL BRAKE Defendant CASE NO.: 09-6489 Civil Term CERTIFICATION OF JUDGMENT I, Alison B. Weinroth-Shaw, Esquire, being duly sworn according to law, depose and state: I am an attorney in good standing, admitted to practice in the courts of this Commonwealth, and am counsel of record for the Plaintiff-judgment creditor, SCS Credit Corp., in the above-captioned matter. 2. 1 am authorized to make this Certification on behalf of the Plaintiff. 3. The Judgment in this matter is valid; 4. The Judgment in this matter is Forcible and Unsatisfied; 5. 1 further certify that there are no known Certified Docket Entries in this matter. Mattleman, Weinroth & Miller, P.C. Ali on B. Weinroth-Shaw, Esquire #84407 OF 3Hc P^O'r! '?,140TAW 2004 OCT -5 Aft 10: 2 9 Cumk .- .? 41 ),D' W PEir S;YLVAJ A JENNIFER LOZADA-C ROC KETT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6489 ADAM B. CROCKETT, DIVORCE ACTION DEFENDANT . AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 31, 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. 1 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.A. § 4904 relating to unsworn falsification to authorities. DATE: 2L1 " O q Q??L .._. J nife ozada-C ckett WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(c) AND 4 3301(d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. DATE: Oie j J nifer ozada-Cr ett RLED-OO FKCE: OF THE PRA?' -N OTARY 2009 OCT -8 PM 2: 3 1 James G. Nealon, III, Esquire NEALON LAW FIRM, PC Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 JENNIFER LOZADO-CROCKETT, Plaintiff V. ADAM B. CROCKETT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6489-CV DIVORCE ACTION PRAECIPE TO TRANSMIT 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. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed on November 13, 2008 and filed on December 8, 2008. 3. (Complete either paragraph (a) or (b)) (a) Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce Code: Plaintiff September 24, 2009; Defendant August 26, 2009. (b) (1) Date of execution of the affidavit required by § 3301 (d) of the Divorce Code: (2) (a) Date of filing of Plaintiff's affidavit upon respondent: ) (b) Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: None, all claims resolved by Marital Settlement Agreement filed August 13, 2009. 5. (Complete either (a) or (b)) (a) (b) October 8, 2009. (c) August 31, 2009. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Date plaintiff s Waiver of Notice in Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in Divorce was filed with the Prothonotary: Dated: G' L C_` C-1 Jame G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Attorney for Plaintiff FILE -1,1*? r Lam. OF THE PR`j!-l`-,N0T*Y 2 0 0 9 011" ! *0 10N 1 s 26 JENNIFER E. I-OZADO-CROCKETT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM B. CROCKETT NO. 08-6489 DIVORCE DECREE AND NOW, I00ct , it is ordered and decreed that plaintiff, and JENNIFER E. LOZADO-CROCKETT ADAM B. CROCKETT bonds of matrimony. , defendant, are divorced from the Any 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 which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") By the Court, 6 - ?t ? ??* Attact- I ? S 4., I z t ADAM B. CROCKETT, Plaintiff v. JENNIFER E. LOZADA- CROCKET, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08-6489 : CIVIL ACTION - LAW : IN DIVORCE --I"I ADDENDUM TO MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this day of , 2010, by and between JENNIFER E. LOZADA-CROCKETT, hereinafter referred to as "Wife", and ADAM B. CROCKETT, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 11, 2002, and divorced on November 3, 2009; WHEREAS, there are two children born of the marriage, Elena Crockett, born in 2003, and Gabriella Crockett, born in 2005; WHEREAS, the parties entered into a Marital Settlement Agreement dated July 7, 2009, and filed with the Court on August 13, 2009 (hereinafter referred to as the "Agreement") wherein the parties agreed to live and separate for the rest of their natural lives. The said Agreement also resolved fully and finally the respective financial and Z -,I 71, :- -7''; ?e property rights and obligations as between the parties. WHEREAS, the parties are desirous of modifying certain terms and conditions of the Agreement, to wit as follows: 1. REAL ESTATE. Pursuant to the terms set forth in Paragraph 21 of the Agreement, Wife was to have exclusive possession of the property located at 109 N. 260' Street, Camp Hill, Cumberland County, Pennsylvania, until January 1, 2011. As of January 1, 2011, at Wife's option, she was to buyout Husband's interest in the property or, if not, Husband was to have the option to buyout Wife's interest in the property. If neither party was desirous of buying out the property from the other than the property was to be sold. The parties now agree that neither wishes to retain the property and as such the property shall be listed for sale no later than October 1, 2010. The listing price shall be $244,900.00, and the listing agent shall be Susan McGeehan, of Prudential Home Services Group. Wife agrees that for so long as she remains in the property she shall maintain the residence as directed by the real estate agent and shall make the property available for showing as reasonably requested by the real estate agent. Both parties shall cooperate with all aspects of the sale process but in the event of a dispute amongst the parties concerning listing or selling price or any other sale related issue, the parties agree that they shall follow the recommendations of the listing agent. Should the property require any repairs in preparation of sale or as a condition of settlement Husband shall be responsible for said costs but shall be reimbursed directly from the sale proceeds at the time of settlement. Upon sale of the property and after payment of both mortgages and all other normal costs of sale and reimbursement to Husband for any repair costs, the I f proceeds shall be divided such that Wife receives sixty percent (60%) of the proceeds and Husband receives forty percent (40%) of the proceeds. Pending sale of the residence, Wife may continue to enjoy exclusive possession of the property and for so long as she remains in possession of the property she shall continue to be responsible for all debts related to the property, including the first mortgage payment, taxes, insurance, utilities and repairs, as previously defined in the Agreement. Should Wife choose to vacate the property, she shall provide Husband with a minimum of thirty (30) days notice of her intention. Once Wife vacates the property, then Husband shall be solely responsible for all expenses related to the property, and may, at his option choose to reside in the property until it is sold. 2. ALIMONY. Pursuant to the terms set forth in Paragraph 27 of the Agreement, Husband was to pay alimony to Wife in the amount of $2,100.00 per month until such time as the minor child, Gabriella, began first grade, when the alimony was to reduce to $1,050.00 per month and continue for an additional period of 24 months, at which time the obligation would terminate. The parties agree that these provisions shall be modified such that Husband shall continue to pay alimony in the amount of $2,100.00 per month only until such time as Wife moves from the Camp Hill residence and begins to reside with her paramour. At such time of the relocation, the alimony amount shall reduce to $1,050.00 and shall continue through August 2011, at which time it shall terminate. The remaining provisions of Paragraph 27 of the Agreement pertaining to the tax obligations, modifiability and Husband's obligation to pay daycare expenses shall remain in effect as set forth in the original Agreement. 3. ADVICE OF COUNSEL. The provisions of this Addendum and their legal effect have been fully explained to Wife by her attorney, Max Smith, Esquire, and Husband by his attorney, Diane S. Baker, Esquire. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and this it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or illegal Agreement or Agreements. 4. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the law of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 5. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the date and year first above written. 1W" WITNESS Jt,4NNIFLVR LOZA -CROCKETT/DATE l ADAM B. CROCKETT/DATE r ADAM B. CROCKETT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV ANIA V. :NO. 08-6489 G C) rn ? JENNIFER E. LOZADA- = r, CROCKET, : CIVIL ACTION - LAW D © Defendant : IN DIVORCE ?.Z o"ra C =C:) 5 " :) rn SECOND ADDENDUM TO na MARITAL SETTLEMENT AGREEMENT -' W1 AGREEMENT, made this 1-7 day of IM^ J(A?) , 2r/z' 1, by and between JENNIFER E. LOZADA-CROCKETT, hereinafter referred to as "Wife", and ADAM B. CROCKETT, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 11, 2002, and divorced on November 3, 2009; WHEREAS, there are two children born of the marriage, Elena Crockett, born in 2003, and Gabriella Crockett, born in 2005; WHEREAS, the parties entered into a Marital Settlement Agreement dated July 7, 2009, and filed with the Court on August 13, 2009 (hereinafter referred to as the "Agreement") wherein the parties agreed to live and separate for the rest of their natural lives. The said Agreement also resolved fully and finally the respective financial and property rights and obligations as between the parties; WHEREAS, the parties entered into an Addendum to Marital Settlement Agreement dated October 6, 2010, modifying certain terms and conditions of their Agreement; WHEREAS, the parties are desirous of again modifying certain terms and conditions of the Agreement and Addendum thereto, to wit as follows: 1. REAL ESTATE. Pursuant to the terms set forth in Paragraph 21 of the Agreement and Paragraph 1 of the Addendum to said Marital Settlement Agreement, on March 30, 2011 the parties(sellers) entered into a sales agreement with Kevin Heuer and Tiffany Beatty to sell their real estate located at 109 N. 26`h Street, Camp Hill, Cumberland County, Pennsylvania. The sales agreement requires the parties(sellers) to continue to hold the property for a period of approximately 18 months as part of a "rent to own" arrangement. Since the Agreement was signed the parties(sellers) have been notified that the taxes and insurance premiums on the property have both unexpectedly increased causing a monthly deficit between the amount of rent received and the monthly operating costs. The parties agree that Husband shall be entitled to receive the monthly rent payment and be responsible for the monthly expenses however, upon sale of the property, shall be reimbursed for 50% of the increase in taxes (city, town & school) and insurance that he paid pending the sale. For the purposes of this Paragraph, the increase shall be defined as the difference in cost between when the sales agreement was signed and when the property is ultimately sold. 2. ADVICE OF COUNSEL. The provisions of this Addendum and their legal effect have been fully explained to Wife by her attorney, Max Smith, Esquire, and Husband by his attorney, Diane S. Baker, Esquire. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and this it is being entered into freely and voluntarily and r that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or illegal Agreement or Agreements. 3. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the law of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 4. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the date and year first above written. WITNESS J IFE LOZA -CROCKETT/DATE W IT N't SS ? YZ B. CROCKETT/DATE COMMONWEALTH OF PENNSYLVANIA COUNTY OF U1._.` SS. On this, the zo_0-` day of -1t) VkA XX , 2011, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared JENNIFER E. LOZADA-CROCKETT known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notary Public sa M Note" Sew A C , Notary Pubk Derry T1V., Da *w owitv my Canty "M &ON NOV. 19, 2018 NEMaHt PENNSYLVa?tn ASSOGTRI ION COMMONWEALTH OF PENNSYLVANIA ? t? :ss. COUNTY OF ??.7 On this, the l day ofQ- before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared ADAM B. CROCKETT known to me to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. INI HE ave hereunto set my hand and official seal. Notary Public COMMONWEALTH Of PENNSYLVANIA NOTARIAL SEAL Diane S. Baker, Notary Public Lower Paxton Township, Dauphin County My Commission Expires May 13, 2015