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HomeMy WebLinkAbout04-2391JOHN A. MACKPRANG, Plaintiff ANNE M. MACKPRANG Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :NO : 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, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LiNDSAY Attorneys for P~!aintiff 'L CaroLJ. L~r~ay, ~-squi~e 26 West High Street Carlisle, PA ~7013 (7~ 7) 243-6222 JOHN A. MACKPRANG, Plaintiff vi. ANNE M. MACKPRANG Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :NO 0~~ ~ ~ "~-~-- : IN DIVORCE : COMPLAINT SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA John A. Mackprang, Plaintiff, by attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is John A. Mackprang, who currently resides at 5 Hazelwood Path, Mechanicsburg, Cumberland County, Pennsylvania, 17050 where he has resided since 2000. 2. The Defendant is Anne M. Mackprang, who currently resides at 5 Hazelwood Path, Mechanicsburg , Cumberland County, Pennsylvania, 17050 where she has resided since 2000. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 15, 1990, at Bedford, Indiana. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the dght to request that the Court require the parties to participate in mardage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff /,/ ' ~a~ol J. Lind~, ~uire ~ ID fl 44693 ~ 26 West Hig~ Street Carlisle, PA 17013 (717) 243-6222 SAIDIS FF, FLOWER LINDSAY r. High Street ~rlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsificatior~ ~o authorities. gohn A Mackpran~~ SAIDIS SH~, FLOWER & LINDSAY ATTORNeYS.AT.LAW 26 W. High Street Carlisle, PA JOHN A. MACKPRANG, Plaintiff ! M. MACKPRANG Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - [.AW NO. 04 2391 Civil Term : IN DIVORCE A~CCEPTANCE OF SE_RV~ICE_ I accept service of the Complaint in Divorce in the above captioned matter on behalf of the Defendant, Anne M. Mackprang, and ;am authorized to do so. 4902 Carlisle Pike, PMB 246 Mechanicsburg, PA 17050 SAIDIS SHUFF, FLOWER & LINDSAY ~.~ 26 W. High Street Carlisle, PA 2004 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA JOHN A. MACKPRANG, Plaintiff ANNE M. MACKPRANG Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04 2391 Civil Term : IN DIVORCE .' PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER §3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELLING A Complaint in Divorce under {}3301 (c) of the Divorce Code was filed May 27, 2004. The marriage of plaintiff and defendant is irretrievably 13roken and ninety 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 notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit ar(.' true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ~/~'~/~"0'4/'/l Joh A~. M~i~(pr ang~, p~ PLAINTIFF'S 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 witheut notice. 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. 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities Date: ~'/~j/~0D/~ ~-J( ~V~int~ff Joh~ A. M~lck~rang,,~lla' ' SEP ~ 8 2.004 MARITAL SETT~mm~NT A~%EEMENT THIS A~%~E~ENT, made this _~day ~f~/~~ , 2004 by and between ANNE M. M~CK~RANG of Cumber±a,,~ County, Pennsylvania (hereinafter referred to as ANNE), and JO~N A. MACKPRANG of Cumberland County, Pennsylvania (hereinafter referred to as JOHN), ~Mz~EAS, ANNE and JOHN were lawfully married on December 15, 1990 in Bedford, Indiana; and ~-~, one (1) child was born of this marriage, namely: AUBREY MACKPRANG, born April 6, 1997; and ~-~EAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of ANNE and JOHN 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 and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; the settling of al/ matters between them relating the parties' minor child including parenting and maintenance; and in general, the settling of any and all claims by one against the other or against their respective estates. ~S, ANNE and JOHN and their respective counsel entered into a Collaborative Law Participation Contract dated May 19, 2004, and have used the Collaborative Law Process in negotiating this Agreement. NOW, z-~ORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, ANNE and JOHN, each intending to be legally bound, hereby covenant and agree as follows: 1. Seloaration: It shall be lawful times hereafter to live separate and apart for each party at all from the other party at such place as he The foregoing provision shall not be taken as part of either party of the lawfulness or causes leading to their living apart. 2. Inter£ere~ce: Each party shall or she may from time to time choose or deem fit. an admission on the unlawfulness of the be free from fully as if interference, authority, and contact by the other, as he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the compel the or malign other or attempt to endeavor to molest the other, nor other to cohabit with the other, or in any way harass the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart. 3. Sz~bseq~e;at D~orce: The parties acknowledge that JOHN filed a Complaint in Divorce on May 27, 2004 in Cumberland County, Pennsylvania, docketed to number 04-2391 Civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Distribution Date: The transfer of property, funds and/or documents provJ_ded for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. Mutual Re/ease: ANNE and JOHN each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and 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 and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such 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 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 relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of ANNE and JOHN 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 5 hereafter acquire, except and only except all right 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. 7. Ad~ice ~£ Counsel: The provisions of this Agreement and their legal effect have been fully attorney, MARYANN MURPHY, ESQUIRE, and CAROL J. LINDSAY, ESQUIRE. explained to ANNE by her to JOHN by his attorney, ANNE and JOHN acknowledge and accept that this Agreement is, in the circumstances, 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, pursuant to their Collaborative Law Participation Contract, they have each made to the other a full an 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 8. Warranty as to Existing Obligations: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this 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 obligation arising out of this Agreement. 9. EXISTllqGDEBT$: ANNE and JOHN acknowledge that the following is a complete list of their marital debts: 1. The mortgage with First Horizon on the marital residence located at 5 Hazelwood Path, Mechanicsburg, Cumberland County, Pennsylvania with an approximate principal balance of $149,628.95 which is in joint names; 2. A Home Equity Loan with First Horizon, which is in joint names, with an approximate balance of $24,030.22; 3. A car loan with U.S. Bank for the 2004 Corolla, titled in joint names, with an approximate balance of $22,273.90; 4. A car loan with Chase Automotive Finance for the 2002 Tacoma, titled in joint names, with an approximate balance of 7 $18,555.74; o 6. A Visa Charge Card in ANNE's name; 7. A loan from ANNE's parents $14,000.00. An American Express Card in JOHN's name; with a balance of ANNE agrees to be solely and exclusively responsible for payment of the balance of the car loan for the 2004 Corolla, the balance of the Visa Charge Card, and the loan from her parents. ANNE further agrees to indemnify JOHN and hold him harmless from any and all liability for same. JOHN agrees to be solely and exclusively responsible for payment of the balance of the mortgage, the home equity loan, the car loan for the 2002 Tacoma, and the American Express Card. JOHN further agrees to indemnify ANNE and hold her and all liability for same. There are no other marital debts. 10. Warranty as to ~ture Obligations: covenant, warrant, represent and agree that, obligations set forth in this Agreement, harmless from any ANNE and JOHN each with the exception of 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 date of provided for by the terms of this Agreement. 11. Marital Residence: The parties the entireties, real property located at this Agreement, except as may be otherwise and liabilities incurred by the other after the execution specifically own, as tenants by 5 Hazelwood Path, Mechanicsburg, Cumberland County, Pennsylvania. The parties agree that JOHN shall become the sole and exclusive owner of said real property. JOHN agrees to be solely and exclusively responsible for the balance of the mortgage payments, the balance of the home equity loan, the taxes, and all other expenses associated with the marital residence. The parties acknowledge that the value of the martial residence, based upon the refinancing appraisal in 2003, is approximately $204,000.00. JOHN agrees to pay to ANNE the sum of $15,171.00 as her fifty (50%) percent share of the equity in the residence. Payments of $540.00 per month shall be made by JOHN to ANNE by the first day of the month beginning July 1, 2004 and ending October 1, 2006 with the last payment of $51.00 to be made by November 1, 2006. JOHN agrees to refinance the marital residence in his individual name on or before December 1, 2005. At that time, ANNE agrees to provide JOHN with a Deed transferring ownership of the real property to JOHN. In the event JOHN fails to make a mortgage payment or payment on the home equity loan within thirty (30) days of the due date, the parties agree that JOHN will list the marital residence for sale within thirty (30) days with a Realtor agreed upon by the parties. If JOHN's failure to pay causes ANNE to make a mortgage payment or home equity loan payment in order to protect her credit, the parties agree that ANNE shall be reimbursed for all such payments at the closing of the sale of the marital residence. If JOHN sells the marital residence prior to making full payment to ANNE of her share of the equity, JOHN agrees to make a lump-sum payment of the remaining balance owed to ANNE at the time of the closing of the sale of the marital residence. 12. MoFingExlmemses: ~ JOHN agrees that he shall pay the moving expense~ror ANNE and AUBREY when they relocate Columbus, Indiana on or about June 8, 2004. 13. Personal Pro/~erty: ANNE and JOHN acknowledge that they have agreed upon a mutually satisfactory division of their personal property. The parties agree that ANNE will take possession of the personal property designated to her when she and AUBREY relocate to Indiana on or about June 8, 2004. The parties further agree that ANNE shall become the sole and exclusive owner of all personal property she takes with her to Indiana, and JOHN shall become the sole and exclusive owner of all personal property 10 remaining in the marital residence. The parties agree that the above division of property is mutually acceptable to them. Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 14. ~lmk Accounts: The parties agree that JOHN shall become the sole and exclusive owner of the balance of the funds in his individual name at Members ist Bank. ANNE and JOHN acknowledge that their joint bank accounts have been divided to their mutual satisfaction. Any bank accounts in ANNE's individual name shall become her sole and exclusive property, and any bank accounts in JOHN's individual name shall become his sole and exclusive property. 15. Motor Vehicles:The parties agree that JOHN shall become the sole and exclusive owner of the 2002 Tacoma, with a blue book value of approximately $16,515.00, currently titled in joint names; and that ANNE shall become the sole and exclusive owner of the 2004 Corolla, with an approximate value of $14,500.00, currently titled in joint names. JOHN agrees to be solely and exclusively responsible 11 for the balance of the loan on the 2002 Tacoma, and he further agrees to indemnify ANNE and hold her harmless from any and all liability for same. ANNE agrees to be solely and exclusively responsible for the balance of the loan on the 2004 Corolla, and she further agrees to indemnify JOHN and hold him harmless from any and all liability for same. The parties agree that, at this time, they will not refinance their respective vehicles, thereby maintaining joint title on both vehicles. In order to effectuate the transfer of ANNE's car to her individual name and JOHN's car to his individual name, both parties agree that they shall execute the title to the other's vehicle upon request when the first of the following occurs: the vehicle is sold; the vehicle is refinanced; the balance of the loan is paid in full. 16. Pe~sio~/Re~ir,~,,~-tBene£~: The parties acknowledge that JOHN has a 401(k) with UNISYS Corp. valued at approximately $11,139.81, as well as a pension, in which he is vested, with an unknown value. JOHN acknowledges that he has no other pension/retirement benefits, either contributory or noncontributory. The parties agree that JOHN shall become the sole and exclusive owner of the 401(k) and the pension. ANNE hereby waives her right to have the pension appraised. 12 The parties acknowledge that ANNE has an annuity valued at approximately $250.00. ANNE acknowledges that she has no other pension/retirement benefits, including any employer funded pension/retirement benefits. The parties agree that ANNE shall become the sole and exclusive owner of the annuity. 17. After Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claims 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. 18. ApplicabilitF of Tax Law to Property Transfers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. Waiver of Alimomy: The parties herein acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves sufficient financial resources 'to provide for their comfort, maintenance and support. ANNE and JOHN hereby waive, release and give up any rights they may respectively have against the other for alimony, spousal support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 20. Wai~er of Legal Fees: Each support, maintenance of every type of all other Agreement. ~m~usal Su~ort, A3~.~uF Pendente Lite and party hereby waives any rights to spousal and alimony pendente lite. Each party agrees to be solely responsible for her/his respective attorney's fees. 21. ~11 Disclosure: ANNE and JOHN each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and whatsoever in which such party has an interest, and facts relating to the subject matter of this 22. Matters Relating to Aubr~y: (a) Parenting Issues ANNE and JOHN agree to share all important information regarding their daughter with each other. The parents agree that 14 AUBREY will relocate to Indiana and reside there with ANNE. Beginning in the summer of 2005, JOHN will have AUBREY for two (2) weeks each summer; for one (1) week during AUBREY's spring break from school; and at other times as the parents can mutually agree. (b) Life Insurance The parents agree that each shall name AUBREY as their respective beneficiary on their private Term Life Insurance Policies currently in effect. The death benefit on JOHN's policy is $270,000.00; the death benefit on ANNE's policy is $200,000.00. ANNE and JOHN will each have a Will prepared with Trust provision to ensure that AUBREY is the beneficiary of these private life insurance policies. From time to time, either parent may request verification from the other that AUBREY is the designated beneficiary on her parents' life insurance policies. The parties agree that their obligation under this paragraph shall end when the policy contract terminates or when AUBREY reaches the age of twenty-five (25) years, whichever first occurs. (c) Maintenance JOHN agrees to pay to ANNE the sum of $960.00 per month towards AUBREY's support, daycare and health insurance coverage which will be provided by ANNE. JOHN agrees to make these monthly payments by the first day of each month beginning July 1, 2004. In the event that JOHN is thirty (30) days late with this payment, 15 the parties agree tlhat ANNE shall contact the Domestic Relations Office for an Order as per this Agreement, and enforcement proceedings from the date the late payment was due. The parents agree that JOHN's support obligation will end when AUBREY reaches the age of eighteen (18) years or graduates from high school, whichever shall last occur. 23. Disclosure and Waiver of Procedural Rights: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital arid separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania 16 Divorce Code; Co The right to have property is marital and which distribute between the parties determines to be marital; d. The right to rights, remedies, privileges, Agreement, including but not the Court determine which is non-marital and equitably that property which the Court have the Court decide any other or obligations covered by this limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 24. WaiTer of Modification modification or waiver of any of the to be in Writing: No 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. 25. 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. 26. A~licable Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which 17 are in effect as of 'the date of execution of this Agreement. 27. Agre~..~-t Blinding on Heirs: This Agreement shall binding and shall inure their respective heirs, assigns. 28. Integration: This understanding of the parties agreements and negotiations representations or warranties herein. be to the benefits of the parties hereto and executors, administrators, successors and Agreement constitutes the entire and supersedes any and all prior between them. There are no other than those expressly set forth 29. Other Do~-.~-tation: ANNE and JOHN covenant and agree that they will forthwith 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. 30. No WaiTer on 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 provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor 18 shall it be construed as a waiver of strict performance of any other obligations herein. 31. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects and continue in full force, effect failure of any party to meet his or or more of the paragraphs herein, this Agreement shall be valid and operation. Likewise, the her obligation under any one with the exception of the satisfaction of the alter the remaining obligations of the parties. 32. En£orce~ent of Agreement: If either that the other party has breached any provision of conditions precedent, shall in no way avoid or party believes this Agreement, the parties agree to return to the Collaborative Law Process to resolve the issue. If the parties are unable to resolve the issues through the Collaborative Law Process, a party shall have the right at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. The party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 33. Headings Not Part of Agre~.~-t: Any heading preceding 19 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. IN WITNESS WHEREOF, the parties hereto have hands and seals this day and year first above written. ~) ~l 0 E~ate set their 20 ADDENDUM TO MARITAL SETTLEMENT AGREEMENT f~/~. This Addendum to the Marital Settlement Agreement is made this ,~/ day of ~.~?-~FY,,~.//.,~ , 2004 by and between Anne M. Mackprang, formerly of Cumberland County, Fr~enrtsyl~7~'~i~;~ei-~inafter refeff'ed to as Anne and John A~ Mackprar~g of- Cumberland County, Pennsylvania, hereinafter referred to as John. WITNESSETH: WHEREAS Anne and John entered into a Madtal Settlement Agreement on June 7, 2004, and; WHEREAS John was to receive the home in equitable distribution and to pay certain amounts to Anne upon its sale, and; WHEREAS John wishes to sell the marital home presently the proceeds of sale will not produce enough to pay the amount set out in their marital settlement agreement. NOW THEREFORE in consideration of the mutual promises contained herein and other good and valuable consideration and intending to be legally bound the parties agree as follows: John is permitted to sell the marital home and Anne will execute any and all documents required of her in order to permit the sale of the home to go forward. Paragraph 11 of the marital settlement agreement is revised in the following particulars: a. The parties agree that the amount due and owing by John to Anne is $13,551.00. John will pay that amount to Anne by an initial payment of $1,671.00 by October 1, 2004 and, commencing November 1, 2004 for 11 months ending September 1, 2005 he will pay to her monthly $1,080,00. Anne will provide a deed to John by September 23, 2004 so that the sale of the house may go forward. !~_a!l_p_t~.e~r res~s the Madtal Settlement Agreement of June 7, 2004 shall remain in full force and effect. Anne:M. Mackl~g 'j IN THE COURT OF COMMON P~.~.AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN A. MACKPRANG, PLointiff ANNE M. MACKPRANG, Defendant No. 04 2391 Civil Term I~ DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 33o1(c) of the Divorce Code was filed on May 27, 2004. 2. The marriage of Plaintiffand Defendant is irretrievably broken, and ninety (9o) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 49o4 relating to unswom falsification to authorities. Date RANG IN THE COURT OF COMMON PLEAS OF CUMB~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN A. MACKPRANG, Plaintiff ANNE M. MACKPRANG, Defeodant No. 04 2391 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REO~ EN'I~Y OF A DIVORCE DF_A~i~. UNDER SEC'FION .~.~o~t('c) OF THE DIVORCE CODE ~. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is grantetL 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 Fried 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. Section 49o4 relating to unswom falsification to authorities. Date IN THE COURT OF COMMON PLEAS OF CUMB~ COUNTY, PENNSYLVANIA CML ACTION - LAW JOHN A. MACKPRANG, Plaintiff ~ M. MACKPRANG, I)efeodarat No. 04 2391 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOI. IF. gI? ElqTRY OF A DIVORCE DECl~,~. UNDER SECTION .~.~ox(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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I undemtand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 49o4 relating to unswom falsification to authorities. / Date ANNE M, MACK~kNG SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA JOHN A. MACKPRANG, Plaintiff ANNE M. MACKPRANG Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04 2391 Civil Term : IN DIVORCE . PRAI=CIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 3301(d)(I) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Maryann Murphy, Esquire on behalf of Defendant on June 3, 2004 and filed with Prothonotary June 8, 2004 (copy attached) 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff September 26, 2004 by the Defendant September 30, 2004. Related claims pending: None: The terms of the Marital Settlement Agreement of June 7 2004 are incorporated but not merged into the Decree in Divorce. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: September 28, 2004. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: October,, .,2004 Carol 3. Lfnd.~y,~squire Supreme C,~'urt I~ 44693 Saidis, Shdffc. Pfower& Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS JOHN A. MACKPiRANG Plaintiff OF CUMBERLAND COUNTY STATE OF ~ PENNA. N O. 04-2391 VERSUS ANNE M. MACKPRANG Defendant DECREE IN DIVORCE AnD NOW, /~ ~ ? { , ?E'~C/ , It IS ORDERED AND DECREED THAT John A. Mackprang AND Anne M. Mackpran9 PLAINTIFF, DEFENDANT, ARE DIVORCED I:'ROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None: The terms of the Marital Settlement Aqreement of June 7, 2004 are incorporated but not merged into the Decree in Divorce BY THE COURT:/~t.. · ATT J. PROTHONOTARY IN THE COURT OF COMMON pi ,F~AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN A. MACKPRANG, Plaintiff Ve ANNE M. MACKPRANG, Defendant : No. 04 2391 Civil Term _. .. : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, having been granted a Final Decree in Divorce on the mst day of October, 2oo4, hereby elects to resume the prior surname ofAnne M. Wagner, and gives this written notice Imrsuant to the provisions of 54 P.S. Section 704. Date: Signature Anne M. Wagn~)name being resumed STATE OF INDIANA: COUNTY OF ~.rda/o--e~,~ SS: On the ~r^ day of AJp~'e,n g ~,-- ,2004, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that: she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal.