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HomeMy WebLinkAbout04-2009 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY L. MAJESKIE, Plaintiff KALVIN A. MAJESKIE, Defendant No. 2004-/'aoO'~(Civil Term) CIVIL ACTION - LAW (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 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 the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 By: SAIDIS,,SHUFF, FLOWER & LINDSi~ ~p~e~?icno~)/M# a~ 17~'4Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY L. MAJESKIE, Plaintiff KALVIN A. MAJESKIE, Defendant No. 2004 .,2Vvq (Civil Term) CIVIL ACTION - LAW (In Divorce) COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE SAIDIS SHUFF, FLOWER & LINDSAY ATTOP&~*AT*LAW 26 W. High Street Carlisle, PA COUNT I - DIVORCE 1. Plaintiff is Jody L. Majeskie, who currently resides at 1786 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kalvin A. Majeskie, who currently resides at 8714-21 Pinnacle Cross Drive, Huntersville, North Carolina. 3. Plaintiff, Jody L. Majeskie, has been a bona fide resident of the Commonwealth for at least six (6) months inm~ediately previous to the filing of this Complaint. 4. Cumberland County, Pennsylvania. Defendant, Kalvin A. Majeskie, is agreeable that this matter shall proceed in SAIDIS SHUFF, FLOWER & LINDSAY Carlisle, PA Wisconsin. 6. 2000. 7. parties. Plaintiff and Defendant were married on July 12, 1980, in Hubertus, Plaintiff and Defendant have been living separate and apart since July 15, There have been no prior actions of divorce or for annulment between the 8. Plaintiff, Jody L. Majeskie, has been advised of the availability of marriage counseling and the Plaimiffmay have the fight to request that the Court require the parties to participate in counseling. Having been so advised Plaintiffdoes not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 9. 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 - EOUITABLE DISTRIBUTION I0. The allegations in Paragraphs One through Nine, inclusive, are made a part hereof and incorporated herein by reference. II 11. 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. By: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Li~d~ay Ging~c~Macll~y,Esquire ~preme Courf]I) # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA AFFIDAVIT I, Jody L. Majeskie, 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 unswom falsification to authorities. Dated: Jody IdAvlaj esl~, Plaintiff SA/DIS SHUFF, FLOWER & LINDSAY 26 W. High Street VERIFICATION I verify that the statements made in this Complaint are tree and correct to the best of my knowledge, information and belief. I tmderstand that false statements herein are made subject to the penalties of 18 Pa, C,S. Section 4904, relating to unswom falsification to authorities. Jod25~L, Maje,~s~ie, Plaintiff SA1DIS ~IUFF, FLOWER & LINDSAY ~.6 W. High Street C] SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY L. MAJESKIE, Plaintiff KALVIN A. MAJESKIE, Defendant No. 2004 - 02009 (Civil Term) CIVIL ACTION - LAW (In Divorce) ACCEPTANCE OF SERVICE I, Kalvin A. Majeskie, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce, which was filed on May 5, 2004. Dated: ~/~/6 ~ By: Kalvin A. Majeskie, Defendant 8714-21 Pinnacle Cross Drive Huntersville, North Carolina 28078 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY L. MAJESKIE, Plaintiff KALVIN A. MAJESKIE, Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 1. No. 2004 - 2009 (Civil Term) CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT ) : SS. ) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 5, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and servi~e of the Complaint. 3. I consent to the entry of a final Decree in Divorce at~er service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are tree 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 490.4 relating to unswom falsification to authorities. ~.. ~. / Date: ~ [ KALVIN A. h~-ESKm, Defendant Sworn to and subscribed before me this ~_ day of :DqA//~,( ,2005. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY L. MAJESKIE, Plaintiff No. 2004- 2009 (Civil Term) CIVIL ACTION - LAW KALV1N A. MAJESKIE, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~33010'3 OF THE DIVORCE CODE 1. I consent to the emry of a final Decree of Divc,rce without notice. I understand that I may lose rights concc~xfing alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. 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 tree 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 unswom falsification to authorities. KALVlN A. I~IAJESKIF~, Defendant IN ~ COURT OF COMMON PLEAS OF CUMBE~ COUNTY, PENNSYLVANIA JODY L MAJESKIE, Plaintiff KALVIN A. MAJESKIE, Defendant No. 2004 - 2009 (Civil Term) CIVIL ACTION - LAW (lin Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 5, 2004. 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. 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 tree and correct to the best of my knowledge, information, and belief. I understand tlaat false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. Notary Public NOTARIAL SEAL PATRICIA A. PATTON, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires June 20, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY L. MAJESK1E, Plaintiff No. 2004- 2009 (Civil Term) CIVIL ACTION - LAW KALVIN A. MAJESKIE, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §5301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. 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. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY L. MAJESKIE, Plaintiff NO. 2004- 2009 (Civil Term) CIVIL ACTION - LAW KALVIN A. MAJESIOE, Defendant 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: Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of the Complaint: Defendant accepted service of the Complaint in Divorce by signing an Accept~ace of Service on May 6, 2004. The Acceptance of Service is docketed at the above-captioned term and number, verifying same. As required by Section 3301(c) of the Divorce Code, Plaintiff executed her Affidavit of Consent on January 2, 2005 and the Affidavit was filed on January 5, 2005. Defendant executed his Affidavit of Consent on January 3, 2005 and his Affidavit was filed on January 7, 2005. 4. Related claims pending: None. Plaintiff's Waiver of Notice under Section 3301(c) of the Divorce Code was executed on January 2, 2005 and was filed on January 5, 2005. Defendant's Waiver of Notice was executed on January 3, 2005 and filed on January 7, 2005. Respectfully Submitted, Date: DALEY, ZUCKER & GINGRICH, LLC 5 dSay Gi~lS~h Ma01ay, ].029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaimiff SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYSeATeLAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY L. MAJESKIE, · Plaintiff · KALVIN A. MAJESKIE, · No. 2004 - :Yv4-}'6' (Civil Term) CIVIL ACTION - LAW Defendant · (In Divorce) PROPERTY SETTLEMENT AND SEP.__.A~RATI.~ON AGREEMENT_ ~,2~~By,~~] THIS AGREEMENT is made this ~ day of ~/~o~ , and BETWEEN Jody L. Majeskie of 85t ~ Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D Kalvin A. Majeskie of 8714-21 Pinnacle Cross hereinafter referred to as Husband. R.I: Drive, Huntersville, North Carolina, RECITALS The parties hereto are Husband and Wife, having been joined in marriage on July 12, 1980, in Hubertus, Wisconsin; and R.2: Three (3) children were bom of the marriage: Amy Louise Majeskie, whose date of birth is March 15, 1982; Jonathan Allen Majeskie, whose date of birth is February 15, 1985; and Mackenzie Marie Majeskie, whose dat,: of birth is February 16, 1994; and R.3: Differences have arisen between the parties, in consequence of which they have lived separate and apart since July 15, 2000; and JLM (~ Page 1 of 21 SAIDIS SHUFF, FLOWER & LINDSAY A'I'I'ORNEYS+AT*LAW 26 W. High Street Carlisle, PA 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: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pemlsylvania, to Docket Number 2004 - 2009, Civil Term; 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 fights, 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 fights 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 fights and other fights 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 tbr spousal support, alimony, alimony pendente lite, counsel fees and costs, and further including the education of their children; and Page 2 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEVSeAT*LAW 26 W. High Street Carlisle, PA 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 Wife has been independently represented by Lindsay Gingrich Maclay, Esquire of Saidis, Shuff, Flower and Lindsay, and that Husband, cognizant of his right to obtain legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement; and R. 10: 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. 11: 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. Page 3 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS*AT*LAW 26W. High Street Carlisle, PA 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 ihereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawfi~l 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 whic, h 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. SAIDIS SHUFF, FLOWER & LINDSAY ATr0RNEYS*AT.LAW 26 W. High Street Carlisle, PA 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: The parties acknowledge that they held title as tenants by the entireties to the premises more commonly identified as 1786 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"). The parties have agreed to list and sell the Marital Residence. At the time of creation of this agreement, the parties had already sold the Marital Residence for Four Hundred Thirty Thousand ($430,000.00) Dollars. Setllement occurred on May 3, 2004. The parties specifically agreed that the net proceeds from the sale of the Marital Residence, after deduction of all expenses, fees and taxes in connection with the sale; then after satisfaction of the liens of the existing first and .second mortgages through M&T Bank, the balances of these mortgages as of May 3, 2004, were One Hundred Ninety-Five Thousand Four Hundred Eighty-Eight and 82/100 ($195,488.82) Dollars and Thirty-Six Thousand Four Hundred Three and 20/100 ($36,403.20) Dollars, respectively, and the additional second mortgage/two (2) lines of credit through Keystone Fir~ancial, the balances of the two (2) lines of credit as of April 5, 2004 were $11,185.00 and $6,810.00, respectively, shall be used to pay off the following joint debts of the parties, which are more specifically set out in Paragraph 4(A), below: MBNA credit card; and 1st USA credit card; and 2 Citicards. Page 5 of 21 SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS*AT*LAW 26 W. High Street Carlisle, PA Once the above-listed joint debts are paid in full, if there is any money left over from the sale of the marital residence, Husband shall retain said money. As consideration for her interest in the Markal Home, Husband paid to Wife Ten Thousand ($10,000.00) Dollars, which amount was paid contemporaneously with the sale of the Marital Residence. Additionally, as additional consideration for her interest in the Marital Home, it is the intention of the parties that Wife be. prpvided with a new residence, more commonly known and described as 851 M,ad~.~,,Roadf ~arlisl'~r', ~nb~rland County, Pennsylvania (hereinafter referred to as the "New Residence"). Husband agrees to hold Wife harmless for and assume and pay in due course, until such time as the first mortgage is paid in full, any and all payments associated with the New Residence, including, but not limited to, mortgage payments, taxes, homeowner's insurance, and private mortgage insurance (if needed). Once the first mortgage on the New Residence has been paid in full by Husband, Wife will assume responsibility for all taxes and homeowner's insurance. Husband has the option to pay off the first mortgage, on the New Residence at any't~n'e' before the thirty (30) year obligation expires. Additionally, should Wife wish to relocate before Husband pays the entire first mortgage balance on the New Residence, Husband specifically agrees to either (1) pay Wife a lump-sura payment, equal to the amount of the remaining mortgage obligation, plus any pro-rated interest payments, taxes and/or home owner's insurance premiums through the date of sale of the New Residence; or (2) assume responsibility for a mortgage equal to the amount of the remaining mortgage obligation, plus any pro-rated interest payments, taxes and/or home owner's insurance premiums through the date of sale of the New Residence} O~ JLM(~ m~l KAM~~ SAIDIS SHIJFF, FLOWER & LINDSAY A'ITORI~YS,AT.LAW 26 W. High Street Carlisle, PA Husband specifically agrees to purchase and pay the monthly premiums on a life insurance policy in an amount sufficient to cover Husband's remaining obligation on the mortgage, including principle and interest payments., on the New Residence, or any other residence to which Wife decides to relocate. The parties specifically desire to ensure that the first mortgage on the New Home (or the remaining balance of that mortgage as described above on any other home to which Wife wi.shes to relocate) will be paid in full in the event that Husband dies prior to any remaining mortgage balance on Wife's new residence being paid in full. It is specifically understood that Husband has secured a One Million ($1,000,000.00) Dollar life insurance policy, which will fund an irrevocable trust, which in the event of his death, will pay his obligations under this Property Settlement Agreement. Wife has been provided with a copy of tlhe Irrevocable Trust Agreement. Wife shall, at her request, be provided proof that Husband has been paying his monthly insurance premiums. Wife shall not request confirmation of payment of the life insurance premiums more than one (1) time per month. Husband shall, upon request of Wife for proof of payment of the life insurance premi~um, provide Wife with proof that the insurance premium has been paid w th n p oo . (4) DEBT: 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. i. Each of the parties wi]Il pay all current bills and outstanding bills incurred on or before the date of separation of the parties, July 15, 2000, 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. Wife hereby JLM Page 7 of 21 SAIDIS SHIJFF, FLOWER & LINDSAY A'I'f0RNEYS"AT.LAW 26 W. High Street Carlisle, PA 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 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: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of separation on July 15, 2000, 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: Except as otherwise herein provided, 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 arid shall indenmify 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 YEHICLES: The p[,rties acknowledge that Husband, individually, holds title to a 3003--8qd~ Wife hereby reltlMrluishe~-finy right, title or interest she may have in and to the Subaru. Husbm~d shall continue to maintain separate insurance on and assume full responsibility for any encumbrance on the Subaru, and shall hold harmless and indemnify Wife from any loss thereon. The parties further acknowledge that the jointly hold title to a 1996 Chrysler Town & Country. Husband hereby relinquishes any right, title or interest he may have in and to the Chrysler. Wife shall continue to maintain separate insurance on and assume full responsibility for any encumbrance on the Chrysler, and shall hold Husband harmless from any loss thereon. Page 8 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS.AT.LAW 26 W. High Street Carlisle, PA (6) TANGIBLE PERSONALPROPERTY: 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 possessioh"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, emplo3~nent benefits, including retirement accounts, savings plans, pension plans, stock plans, ~.01K plans, and the like. Wife acknowledges that the marital property of the parties' includes any marital portion of Husband's 401K plan through his former employment with L.B. Smith (hereinafter referred to as "L.B. Smith Retirement Account"). Husband's L.B. Smith Retirement Account is solely in Husband's name. L.B. Smith Retirement Account as of March 31, The approximate value of Husband's 2004 was Fifty-Two Thousand Six Hundred Ninety-Five and 48/100 ($56,695.48) Dollars, all of which is vested. A copy of Husband's March 31, 2004 L.B. Smith Retirement Account statement is attached hereto as Exhibit "A" and is incorporated herein by reference. Wife further acknowledges that she Page 9 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATFORNEYS*AT*LAW 26 W. High Street Carlisle, PA has been informed of her right to obtain an independent appraisal and/or valuation of Husband's L.B. Smith 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 L.B. Smith Retirement Account. Wife acknowledges that the marital property of the parties' includes any marital portion of Husband's 401K plan through his employment with LeeBoy (hereinafter referred to as "LeeBoy Retirement Account"). Husband's LeeBoy Retirement Account is solely in Husband's name. The approximate value of Husban.d's LeeBoy Retirement Account as of June 21, 2004 was Seventy-One Thousand Seven Hundred Ninety-Three and 21/100 ($71,793.21) Dollars, Sixty-Five Thousand Three Hundred Forty and 32/100 ($65,340.32) Dollars of which was vested as of that date. A copy of Husband's June 21, 2004 LeeBoy Retirement Account statement is attached hereto as ]Exhibit "B" and is incorporated herein by reference. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal and/or valuation of Husband's LeeBoy 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 LeeBoy Retirement Account. (8) ALIMONY: Husband agrees to pay to Wife the sum of Six Hundred ($600.00) Dollars per week, as alimony, until January 16, 2012. Husband's alimony obligation will cease only upon Wife's death, cohabitation or remarriage. Notwithstanding the foregoing, in the event that Wife remarries and then divorces within five (5) years of the Page 10 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATroRNEYS.AT.LAW 26 W. High Street Carlisle, PA date of this Agreement, or should she cease cohabiting, Husband's alimony obligations shall revive and he shall resume, effective the date of the second divorce or the cessation of the cohabitation, making the payments set forth in tlfis Paragraph until January 16, 2012, and under the same terms and conditions set forth herein. Husband specifically agrees to purchase and pay the monthly premiums on a life insurance policy in an amount sufficient to cover Husband's remaining alimony obligation. The parties specifically desire to ensure that Husband's alimony obligation under this Paragraph will be paid in full in the event that Husband dies prior to January 16, 2012. It is specifically understood that Husband has secured a One Million ($1,000,000.00) Dollar life insurance policy, which will fund an irrevocable trus'I, which in the event of his death, will pay his obligations under this Property Settlement .Agreement. Wife has been provided with a copy of the Irrevocable Trust Agreement. Wife shall, at her request, be provided proof that Husband has been paying his monthly insurance premiums. Wife shall not request confirmation of payment of the life insurance: premiums more than one (1) time per month. Husband shall, upon request of Wife for proof of payment of the life insurance premium, provide Wife with proof that the insurance premium has been paid within ~/~% days of her request for such proof. (9) MEDICAL INSURANCE: The parties wish to ensure that Wife and the Children are covered under a health insurance plan. Wife hereby elects to maintain her health and medical insurance, under the applicable provisions of COBRA, with Husband's group health insurance plan. Husband shall be responsible for the payment of premiums for the plan, for a period not to exceed three (3) years from the date of Divorce. In the event of Page 11 of 21 / SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYSeAT,LAW 26 W. High Street Carlisle, PA a default in payment of any premium for such coverage, Wife shall have the right to pay such premium in order to prevent the lapse or termination of the insurance coverage and she shall be immediately entitled to reimbursement from Husband for the amount of the payment she makes, plus interest at the rate often (10%) percent per annum. The parties further agree to execute any documents needed to ensure no lapse in Wife's insurance coverage. Husband agrees to continue to ensure health insurance coverage for the Children. Husband will maintain insurance coverage for the Children through his employer for so long as the Children are able to be covered under his health insurance plan. In the event that Husband would pass away, the parties wish to ensure that the both Wife and the Children would remain covered under a health insurance of a similar and comparable nature. As such, in the event that health i.nsurance would no longer be available to Wife or the Children through Husband's employe, r, or in the event that Husband passes away, he has agreed to assume payment for any insm~ance premiums to cover Wife for the prescribed three (3) years from the date of Divorce and to cover the Children so long as the Children have no other health insurance. Husband specifically agrees to purchase and pay the monthly premiums on a life insurance policy in an amount sufficient to cover Husband's health insurance obligation. The parties specifically desire to ensure that Husband's health insurance obligation under this Paragraph will be paid in full in the event that Husband dies before his three (3) year health insurance obligation to Wife ends, or should he die before all the Children are covered under a health insurance policy, or before tl~ey are able to obtain their own health Page 12 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYSoATeLAW 26W. High Street Carlisle, PA insurance policy through their respective employers. It is specifically understood that Husband has secured a One Million ($1,000,000.00) Dollar life insurance policy, which will fund an irrevocable trust, which in the event of his death, will pay his obligations under this Property Settlement Agreement. Wife has been provided with a copy of the Irrevocable Trust Agreement. Wife shall, at her request, be provided proof that Husband has been paying his monthly insurance premiums. Wife shall not request confirmation of payment of the life insurance premiums more than one (1) time per month. Husband shall, upon request of Wife for proof of payment of the life insurance premium, provide Wife with proof that the insurance premium has been paid within ~ ¢5q d~ys o_fher request for such proof. ! l~toto ~ (10) CH LD SUPPORT.' For so long as ~~mary custodian and for so long as Wife is unmarried and not cohabiting with aaother man, Husband agrees to pay to Wife Four Hundred ($400.00) Dollars per week for support of their minor Child, Mackenzie. In the event that Wife would cohabitate or remarry, and for so long as Wife is primary custodian, Husband agrees to pay Wife Six Hundred ($600.00) Dollars per week for support of their minor Child, Mackenzie. Husband's weekly child support obligation will terminate on Mackenzie's 18th birthday, January 16, 2012; however, Husband has agreed to assume costs associated with a post-high school education for Mackenzie, pursuant to Paragraph ! 1, below. (11) EDUCATIONAL EXPENSES of the CHILDREN: The parties agree to provide appropriate educational opportunities for their children, including an undergraduate college education. Husband agrees to assume the cost of each child's undergraduate college education. The parties acknc,wledge that Amy just graduated from Page 13 of 21 SAIDIS SHIJFF, FLOWER & LINDSAY ATtORNEYS.AT*LAW 26 W. High Street Carlisle, PA college, and that Jonathan ,i~renrolled in college i~ ~to ~?~4toz, 2z>Og~, . hereby agrees to assume the educational expenses associated with Jonathan's current enrollment in this undergraduate institution, or any other undergraduate institution, until such time as he would graduate. For purposes of tlais Agreement, educational expenses shall be defined as tuition, 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 specifically desire to make an undergraduate college education or post- high school training available to Mackenzie, provided that she demonstrates a readiness, ability and motivation to secure the benefits of a higher education. assume the educational expenses associated width undergraduate college or post-high school training. Mackenzie' s For purposes of this Agreement, Husband agrees to enrollment in an educational expenses shall be defined as tuition, 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. (12) SECURITY for HUSBAND'S OBLIGATIONS: Husband agrees that he will maintain unencumbered insurance on his life in an amount sufficient to fund all of the obligations created by this Agreement (including but not limited to alimony, health insurance, and mortgage obligations), establishing an irrevocable trust, funded by Husband's One Million ($1,000,000.00) Dollar life insurance policy, which instructs the jLM(~r'~~ Page 14 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS*AT,LAW 26 W. High Street Carlisle, PA trustee to satisfy all of Husband's obligations under this Agreement. lda~insurance~l~all be maintained until all of Husband's obligations hereunder have been satisfied. Prior to satisfaction of all obligations under this Agreement, tlhe amount of the life insurance policy, One Million ($1,000,000.00) Dollars, shall not hereafter be reduced without Wife's written consent./~In the event of Husband s failure to maintain sufficient insurance, Husband agree~ that his estate shall be bound to perform the obligations set forth in this Agreement, or his estate shall be obligated to pay to Wife a lump sum equivalent to the net after tax dollars reduced to a then-present value calculation as of the date of Husband's death in an amount sufficient to cover Husband's remaining obligations, at Wife's option. On the execution date hereof, Husband will present Wife with proof satisfactory to Wife's counsel of his compliance with the provisions of this Paragraph, including copies of all insurance policies. Husband will also instruct the insurance carrier or carriers of the said policies that, hereafter, Wife is to receive duplicate copies of all correspondence, including premium notices. Husband will provide Wife with photocopies of all checks tendered in payment of the premiums, as and when mailed. In the event of Husband's failure to pay any premium when due, Wife shall have the right to make the payment and to obtain reimbursement from Husband of the costs thereof, including interest and any attorney's fees incurred in enforcement. (13) DEPENDENCY EXEMPTIONS: ]?or so long as Wife is the primary custodian, the parties agree that Wife shall be entitled to claim the deduction for the dependency exemption for the parties minor children under Section 152(e) of the Internal Revenue Code of 1954, as amended. Husband agrees that she will sign the Internal Page 15 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS*AT*LAW 26 W. High Street Carlisle, PA Revenue Form 8332 or any other declaration required by the Treasury Department or the Internal Revenue Service to implement this Agreement and agrees to provide such declaration to Husband, within ten (10) days of a request to sign such document. (14) 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. (15) 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 Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Saidis, Shuff, Flower & Lindsay, and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this agreement. Each party acknowledges and accepts 'Ihat 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. (16) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within ~-,-~(~ ~ uest to do so, any and all Page 16 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS*AT*LAW 26 W. High Street Carlisle, PA further instruments that may be reasonably required, to give full force and effect to the provisions of this Agreement. (17) INCOME TAX: The parties hereby acknowledge that they plan to file ~ f\e~d~ local income t ax returns fc,r the ye ar of 2004. The parties hereto agree to file separate returns for all ongoing years, specifically including 2005 and 2006. (18) 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. (19) 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 h:as made a full and complete disclosure 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. (20) WAIVER of APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal Page 17 of 21 SAIDIS SHUFF, FLOWER & LINDSAY A~rORNE¥S*AT*LAW 26 W. High Street Carlisle, PA valuations or appraisals of the real estate, the personal property, the vehicles, and 401K's and IRA's, some or all of which were acquired during the marriage and therefore constitute marital property. However, the parties have deterrrdned 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. (21) 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. (22) 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 p~y'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. (23) 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 Page 18 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS*AT.LAW 26 W. High Street Carlisle, PA 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'Ihe 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 he:rein, 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; alimonypendente 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. (24) SEPARABILITY of PROVISIONS: The parties agree that the separate obligations contained in this agreement shall be deemed to be interdependent. If any term, condition, clause or provision of this agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Page 19 of 21 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYSeAT.LAW 26W. High Street Carlisle, PA agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any releases contained herein, the parties intend that they may reinstate previously pleaded economic claims to the extent permitted by the Divorce Code. (25) 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. (26) 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 contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. (27) 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 fight, 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. Page 20 of 21 SAIDIS SHIJFF, FLOWER & LINDSAY A'ITORI~YS,AT'LAW 26 W. High Street Carlisle, PA (28) 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. (29) 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, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: ~i~ds~y G~n~ch ~clay, ~quire A~tomey f~Plaintiff ]o~/L. ~[r~jeskie', elainl~i' Kalvin A. Majeskie, Defendant Page 21 of 21 · Exhibit SMITHCO SAVINGS AND RETIREMENT PLAN KALVIN A MAdESKIE 1786 ROCKLEDGE DRIVE CARLISLE PA 17013 Statement Period: Participant ID: Plan: 190014-01 Employee Employer Total Balance as of December 31, 2003 Change in Value Expenses Balance as of March 31, 2004 Vested Balance as of March 31, 2004 Vesting information provided as of December 31, 1999 $51,654.43. $16,347.37 $68,001.80 1,045.81 165.11 1,210.92 -4.76 -1.49 -6.25 $52,695.48 $16,510.99 $69,206.47 $52,695.481 $0.00 $52,695.48 Future contributions will be directed as follows: Employee 100% Large Cap Funds 50% American Century Income & Growth Fund 30% SAFECO Equity Fund on ISIS 20% MTB Large Cap Stock Fund ALLNA 53809342351409042004 1-888-836-4015 www. growt htrack~com M~%JESKIE, Y. ALVIN A Page I of 6 · Exhibit "B" . account balance Page 1 of 1 hel~ abeut ft cafltac home[* account info ~ administer account '' fund info documents ~ loans guid; account balance I investment elections I a ACCOUNT BALANCE Kalvin A. Majeskie Your account balancei~ Balance by Source Source 401(k) SALARY DEFERRAL EMPLOYER MATCH Totals Percent Vested Vested Balance Total Balance 100% $39,528.76 $39,528.76 80% $25,811.56 $32,264.45 $65,340.32 $71,793.21 Balance by Investment Election Investment FRK US GOVT SECURITIES - R FRK INCOME - R MUTUAL SHARES - R FRK SMALL CAP VALUE - R FRK CAPITAL GROWTH FUND - R FRK SMALL-MIDCAP GROWTH - R TEMPLETON GROWTH FUND - R FT CONSERVATIVE TARGET FD-R DAVIS NY VENTURE FUND MFS NEW DISCOVERY FUND VAN KAMPEN EMERGE GROWTH LOAN FUND Totals Shares/Units Vested Balance Total Balance 627.676 $3,560.05 $4,130.11 2,343.548 $5,004.86 $5,483.90 381.008 $7,172.00 $8,088.80 18.036 $586.71 $586.71 156.276 $1,640.90 $1,640.90 173.183 $4,883.89 $5,245.71 216.330 $4,207.63 $4,607.83 528.734 $5,323.99 $6,170.32 227.277 $6,013.14 $6,504.67 827.247 $11,002.56 $12,507.98 177.400 $5,517.12 $6,398.81 10,427.470 $10,427.47 $10,427.47 $65,340.32 $71,793.21 Access Agreement Your use of this site means you agree to our terms and conditions. Copyright (c) 1999-2004. Franklin Templeton Investments. All rights reserved. V t https://www.tlmeto]nvest.com/secure/tnqulLv/accountbalance.asp. Groupld=9 6/22/2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "''+' Of'+: :+::+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :t: :+:;+:;+: :f.:t: :+: :f.:ti + ;+: '+' . .. :I: :+::+:'+: '+' +:+: Of.:+::+::+: +", . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JODY L. MAJESKIE, Plaintiff No. 2004-2009 (Civil Term) VERSUS KALVIN A. MAJESKIE, naof,:lonn:::llnt DECREE IN DIVORCE AND NOW, y1 a.,.... """'1 I 2005 IT IS ORDERED AND /9. --, DECREED THAT Jody L. Majeskie , PLAINTIFF, AND Kalvin A. Majeskie , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE FOR WHICH A FINAL ORDER HAS NOT BEEN RAISED OF RECORD IN THIS ACTION YET BEEN ENTERED; None. The parties' Property Settlement and Separation Agreement dated , , is herein incorporated, but not merged. . ,J; ";"_ ,. .... ~ ........ I 'v. if' ~... ..... ... r '.~, '." -', .. ,/ - .;,.... : ........ ,a-r4i PROTHONOTARY , w: ~ ~ .- ..... . ."' . , " ."""'-' .' ./ ...... ....../.c ,~~ .........~- .",. " ..". ,^,^^""~'''''OOOOO:O . .. .. ~ T. T.:+: T. +' 'f. Of. T '+. . . .. . . . .. . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'f::+' i'+ 'h.~ /'ifT:.~ ~'?(L, _>C11('/ V/Z7.Y./ $v J? ~(~.p9 5"17' It 'I " . . . ,