HomeMy WebLinkAbout09-89061
1
KELLEY L. MALEY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. Oq - 89UP Civil Term
JOHN F. MALEY, CIVIL ACTION - LAW
Defendant IN DIVORCE
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 THE CUMBERLAND COUNTY COURTHOUSE, I
COURTHOUSE SQUARE, CARLISLE, PA 17013.
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 LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1
KELLEY L. MALEY,
Plaintiff
VS.
JOHN F. MALEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
DIVORCE UNDER §3301(c) or §3301(d) OF THE DIVORCE CODE
1. Plaintiff is Kelley L. Maley, who currently resides at 75 Hillside Circle, Camp Hill,
Cumberland County, Pennsylvania, 17011.
2. Defendant is John F. Maley, who current resides at 75 Hillside Circle, Camp Hilll,
Cumberland County, Pennsylvania, 17011.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on March 18, 2005 in Clinton County, Missouri.
5. There are no minor children to the marriage.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Neither party is presently a member of the Armed Forces on active duty.
8. Plaintiff has been advised that counseling is available and that she may have the right to
request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not
request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued.
9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are:
(a) §3301(c). The marriage of the parties is irretrievably broken; and
(b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time,
Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at
least two (2) years.
10. Plaintiff requests This Honorable Court enter a Decree of Divorce.
WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the
marriage between Plaintiff and Defendant.
COUNT II - CLAIM FOR EQUITABLE DIVISION OF MARITAL PROPERTY
UNDER 43502(a) OF THE DIVORCE CODE
11. Paragraphs one (1) through eleven (10) are incorporated herein by reference as if set forth
in full.
12. Plaintiff and Defendant have individually or jointly acquired real and personal property
during the marriage in which they individually or jointly have legal or equitable interest, which marital
property is subject to-equitable distribution.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to determine and equitably
distribute, divide or assign said marital property pursuant to §3502(a) of the Divorce Code.
Respectfully submitted,
COLGAN MARZZACCO LLC
By: -•, .4
Thomas M. Clark, Esquire
Attorney ID # 85211
130 West Church Street
Suite 100
Dillsburg, PA 17019
Phone: (717) 502-5000
Fax: (717) 502-5050
Dated:
VERIFICATION
I, Kelley Maley, verify that the statements made in this Complaint are true and correct to the best
of my knowledge, information, and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. CS. §4904, relating to unswom falsification to authorities.
o yr
Date:,?'c'.
KE LEY M Y
Plaintiff
RL .. _
2G S"L:'-C'U 3i !•..?
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44M 1.50 Qty ATTY
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P-T* 0235(003
Oto
4?-
KELLEY L. MALEY,
Plaintiff
vs.
JOHN F. MALEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.09-8906 Civil Term
CIVIL ACTION -LAW
IN DIVORCE
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ACCEPTANCE OF SERVICE
I, James A. Miller, Esquire, Attorney for the Defendant, accept service of the Complaint for
Divorce filed on December 30, 2009. I certify that I am authorized to accept service on behalf of
said, Defendant, John F. Maely.
Date: ~./ ~.+~.a•11v ( ?d l b
dames A. Mi l~r Esquire
Miller Li itt LLC
765~dplar Church Road
amp Hill, PA 17011
1 r
FILES l~l`~I~i_ mot.
!`:1~e~t~E.1:Lr~~t,,r ~t ~~
KELLEY L. MALEY, ~` ~ ~~~ ~~~ ~'~ ~_ ~ ' E; nIN THE COURT OF CONIM®N PLEAS
Plaintiff C[1NIEERLAND COUNTY, PENNSYLVANIA
VS. :
N0.09-5905 Civil Term
JOHN F. MALEY, C][VIL ACTION - LAi~V
Defendant IN DIVORCE
INVENTORY AND APPRAISEMENT
OF Defendant, John F Maley
Defendant files the following inventory and appraisement of all property owned
or possessed by either party at the time this action was commenced and all property transferred
within the preceding three (3) years.
Defendant verifies that the statements made in this inventory and appraisement are true and correct.
Defendant understands that false statements herein are made subject to the penalties
of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
BY:
'~lliller, Esquire
for Defendant
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1110112010 09:53 7177838737 LEG SERVICES PAGE 02!02
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Kelly L Maley IN THE COURT QF COMMON PLEAS ~
Plaintiff Cumberland COUNTY PENNSYLVANIA ~ _
~=~' `~
Docket Number O9-8g0 E~:. ` '
~
Jphn F Maley CIVIL Action - Law ~ ;.~ $
Defendant In Divorce ..•~i sue,
s
INCOME & EXPENSE STATEMENT OF Defendant John PJIAaIev '~~ c~
.
:.
~
.~~ ~`w,; E V
~
sES: Week Month Year
Home
Mort a e/Rent
Maintenance 3gp,pp
UUli6es
Electric 187.38
Coal
Pro one
Tele hone 27.p0
Water 75,00
Trash 2x5.00
E
Public Trans ortation
Lunch 50.00
Insu n
Homeowners
Automobile 200.00
Life
Acadent
Health 33.1 a
Other
Automobile
Pa eats
Fuel 200.00
Re in3
edical
Doctor
Dentist
Orthodontist
Mos i#al
Medicine
Special needs {glasses,
braces, orthopedic
devices)
Subtotal 997.50
Expenses
(continued)
Week --~
Menth~"'' ~-
Year -~
Private School
Parochial School
Coll e
Reli ious
Personal
Clothin 41.67 500.00
Food 300.00
Barber/Hairdresser x5.00
C dit Pa meats
Credit Card
Char e
Membershi
Credit Union .
Taxes
Real Estate 125.00 1,500.00
PA roe 12.75 153.OD
' ce laneous
IRS taxes 37.92 x55.00
Child Care
PaperslbooksiNiag,
a=ntertainment
Pa TV/Cable 7g,Op
Vacation
Gifts
Le al fees
Charitable ComNeugons
Other Child Support
Alimon Pa eats
Other
Subtotal 620.33
Total Expenses: 1,617.83
VERIFY
r verify that the s~tements made in this Income and Expense Statement are true and correct. I understand that false
sfatem herein are subJeCt to the " a ~ penalities of 1$ Ps, C.S. Section 4904, relating to unswom falisfactton to authorities.
November/1 2D10
John sley / ~ ` C~ ~~' "L ~~
~i2~ !J
4?'
IN THE COURT OF COMMON PLE.
CUMBERLAND COUNTY, PENNSYLV
KELLEY L. MALEY,
Plaintiff
VS.
,JOHN F. MALEY,
Defendant
9
* NO. 2009-8906 Cl
* CIVIL ACTION .
X
X
AND NOW, comes the Plaintiff, Kelley L. Maley, by and
Clark, Esquire of Colgan Marzzacco, LLC and submits the within Pre-7
1. Plaintiffs Information ("Wife")
Name: Kelley L. Maley
Address: 75 Hillside Circle, Camp Hill, PA 17011
Employer: Comm.onweatlh of Pennsylvania
Department of Public Welfare
II. Defendant's Information ("Husband")
Name: John F. Maley
Address: 75 Hillside Circle, Camp Hill, PA 17011
Employer: Comrnonweatlh of Pennsylvania
111. Marital Information
Date of Marriage: May 18, 2005
Place of Marriage: Clinton County, Missouri
Divorce Complaint: Filed December 30, 2009
Minor Children: No minor children (Wife has two (2) r
previous relationship and has primary
VIL TERM
her counsel,Thomas M.
Statement:
children from a
cal custody of them).
To
IV. Marital Assets - Plaintiff's Inventory is attached hereto as Exhibit "A."
1. Residence at 75 Hillside Circle, Camp Hill, PA 17011
The residence was owned by Husband prior to the marri ge. Wife is making a
claim for the increase in value of the residence during th marriage. There is no
mortgage associated with the residence.
2. 2008 Hyundai Santa Fe GLS- This vehicle was repossessed in the Fall of 2010.
The loan associated with this vehicle was through Members l st Federal Credit
Union. The balance at the time of repossession was approximately $20,900.
3. 2009 Hyundai Sonata- This vehicle is in Husband's possession. Wife will stipulate
to NADA wholesale value (or other comparable valuation) as of date of separation.
PSECU Auto Loan (balance as of December 31, 2009 was $18,577).
4. Husband has a, Stock Portfolio Rite Aid and other stock. Wife does not have the
necessary paperwork from Husband to value this asset.
5. Husband has a. Certificate of Deposit (Acct #: 0884) - Integrity Bank (last known
balance was $49,000.00).
Opened: 6-27-2009. Husband claims that pre-marital monies were put
towards this asset Wife does not have the necessary p perwork from Husband
to value this asset and without such paperwork it is believed that the full value of
this asset is marital property.
6. Husband has a Certificate of Deposit (Acct #: 0218) - M d Penn Bank (last known
balance was $30,000).
Opened: 4-21-2009. Husband claims that pre-marital onies were put
towards this asset. Wife does not have the necessary p perwork from Husband
to value this asset and without such paperwork it is believed that the full value of
this asset is marital property.
7. Husband has a Certificate of Deposit (Acct #: 0237) - M d Penn Bank (last known
balance was $22,000).
Opened: 6-8-2009. Husband claims that pre-marital monies were put
towards this asset. Wife does not have the necessary p perwork from Husband
to value this asset and without such paperwork it is bel ived that the full value of
this asset is marital property.
Husband has a Certificate of Deposit (Acct ##: 0412) - N
of October, 2010 is $23,000).
Opened: 12-4-2009. Husband claims' thatpre-marital
towards this asset. Wife does not have the necessaryI
to value this asset and without such paperwork it is be
this asset is marital property.
Penn Bank (balance as
ies were put
work from Husband
d that the full value of
9. Husband has a Certificate of Deposit (Acct #: 0149) - , usquehanna Bank (last
known balance was $30,000).
Opened: 9-29-2008. Husband claims that pre-marita monies were put
towards this asset. Wife does not have the necessary aperwork from Husband
to value this ,asset and without such paperwork it is b leived that the full value of
this asset is marital property.
10. Wife has a Checking account with PSECU (Acct #: 4757) (balance as of December
30, 2009 is $1.00).
11. Husband has a Checking account - PSECU (Acct #: 3191) (balance as of
December 8, 2009 was $16,006.69; balance as of Dece ber 31, 2009 was
$14,740.94).
12. Husband has a Checking account - Integrity Bank (Acct l : 1474) (balance as of
December 8, 2009 was $6,870.21; balance as of January?10, 2010 was $3,704.66).
13. Husband has two (2) accounts with Sovereign Bank (balance for each is
unknown).
14. Husband has one (1) account with Susquehanna Bank (b lance is unknown).
15. Wife has a Savings account with Kansas City Police Credit Union (Acct #: 9960)
(balance as of December 30, 2009 was $25.00).
16. Wife has a Savings account with PSECU (Acct #: 4757) balance as of December
30, 2009 was $5.00).
17. Wife has a Savings account with Members 1 st FederalCre it Union (Acct #: 7168)
(balance as of December 30, 2009 was $5.00).
18. Wife and Husband have a joint Savings account.with Me bers l st Federal Credit
Union (Acct #: 1025) (balance as of December 30, 2009 w s $5.00).
19. Husband has a Savings account with PSECU (balance as o October, 2010 is
unknown).
20. Husband has 1 or 2 Safe Deposit Boxes.
21. Wife has a Life Insurance Policy with Prudential through h "r employer ($40,000.00
face value - no cash value).
22. Husband has a Life Insurance Policy with Prudential throng his employer
($40,000.00 face value - no cash value).
23. Husband's SERS Retirement (Not yet valued).
i
24. Wife's SERS Retirement (Not yet valued).
V. Marital Debts
1.
2.
3.
4.
5.
6.
7.
8.
Visa Account with Kansas City Police Credit Union (A
approximate balance as of August 2010 was $5,877.00.
Overdraft Protection with Kansas City Police Credit Ur
approximate balance as of August 2010 was $389.96.
#: 7622). The
(Acct #: 9960). The
Signature Loan with Kansas City Credit Union (Acct #: 0151). The
approximate balance as of August 2010 was $6,572.37.
Personal loan with PSECU (Acct #: 4747-L-90). The approximate balance as of
August 2010 was $1,588.58.
Visa card through Members 1 st Federal Credit Union (A ct #: 8239). The
approximate balance as of August 2010 was $10,193.96.
Personal loan through Members 1st Federal Credit Union (Acct #: 7168). The
approximate balance as of August 2010 was $2,835.22.
Personal loan through Members 1 st Federal Credit Unionl (Acct #: 7168). The
approximate balance as of August 2010 was $2,000.00.
Personal loan through Members 1st Federal Credit Union (Acct #:7168). The
approximate balance as of August 2010 was $2,352.14.
9. Members 1st Federal Credit Union - Auto Loan 2008 Hyt
vehicle was repossessed in the Fall 2010. The approxima
repossession was $20,900.
V1. Non-Marital Assets
1. Wife is unaware of any non-marital assets that are in her
an issue in this case.
2. Wife is unaware of any non-marital assets attributable to l
issue in this case.
V11. Expert Witnesses
It is not clear at this time what experts, if any, will testify at the
testimony could be necessary regarding the values of the marital
ndai Santa Fe. This
to balance at the time of
that will be
3usband that will be an
of trial. Expert
idence. If expert
A-
testimony is required, appropriate notice will be provided to c
Master in advance of trial and copies of expert reports will be
VIII. Plaintiffs Witnesses
1. Kelley Maley will testify on her own behalf.
2. John Maley, as on cross-examination.
3. Wife reserves the right to call other witnesses to be
with appropriate notice to opposing counsel.
inR counsel and the
in advance of trial
IX. Exhibits
1.
2.
3.
X.
Wife's Income and Expense Statement - attached hereto as Exhibit "B".
Statement regarding both Husband and Wife's SERS
Income Tax Returns of Husband and Wife (exceeds three pages and therefore not
attached hereto).
4. Current pay statement of Wife to be provided in advance of the hearing.
5. Statements for all accounts listed in the Assets section (S ction IV) of Wife's
:instant Pre-Trial Memorandum.
6. Statements for all accounts listed in the Debts section (S
instant Pre-Trial Memorandum.
V) of Wife's
7. NADA wholesale value for vehicles as of date of separatiot
8. Appraisal of residence situate at 75 Hillside Circle, Camp
time of the filing of the instant Pre-Trial Statement, the re i
appraised. An appraisal will be necessary to determine th
the date of marriage to the date of final separation.
9. Additional exhibits, if any, to be provided in advance of
Income and Expenses
An Income and Expense Statement has been submitted to the
has been filed - attached hereto as Exhibit `B
Hill, PA 17011. At the
dence had not yet been
increase in value from
Master's Office and
X1. Pension / Retirement
Husband has S]ERS Retirement through his employment
Pennsylvania. This retirement account has not yet been
2. Wife has SERS Retirement through her employment w
Pennsylvania. This retirement account has not yet been
XII. Counsel Fees and Costs
Prior to the Pre-Trial Conference, Wife will be filing a Petition
count requesting reimbursement for counsel fees, costs and exp
XIII. Personal Property
The personal property (household furnishings) of the parties
have not yet been divided.
XIV. Proposed Resolution
The parties were married on May 18, 2005. The parties
Divorce Complaint was filed on December 30, 2009.
rith the State of
flued.
the State of
lued.
Related Claims to add a
not been appraised and
in December 2009. A
Wife proposes that the Master should award her no less than fifty-five (55%) percent of the
net marital estate available for distribution and that Husband be required to equitably
reimburse to Wife fifty-five (55%) percent of the payments that ife has been making to
the parties marital debits.
Wife works for the Commonwealth of Pennsylvania at the Dep,,
and grosses approximately $1,572.00 bi-weekly. Husband worl
Transportation and grosses approximately $1,656.00 bi-weekly.
Complaint was filed Wife has done her best to make payments 1
Husband has not paid any money toward these marital debts. It
should receive credit for payments that she has made from the d
will attempt to argue that while Wife is paying on the marital d
household bills. Since there is no mortgage on the residence 'th
house that Husband must pay. At the time of the Hearing Wife
all the payments she made to the marital debts.
Husband has multiple Certificate of Deposits and it is believed
portfolio. Husband attempts to claim that some of the funds uE
Deposits were Husband's pre-marital money. Husband has not
substantiate this claim. Therefore, Wife believes that the Certi
assets.
ment of Public Welfare
for the Department of
iince the date the Divorce
the parties marital debts.
believed that Wife
e of separation. Husband
)ts he is paying for the
e are very few bills for the
ill have an accounting of
tt Husband has a stock
for the Certificate of
)vided paperwork to
ite of Deposits are marital
L
The parties both reside at 75 Hillside Circle, Camp Hill, PA 17011. Also in the house are
Wife's two minor children from a previous marriage. This home was owned by Husband
prior to the marriage. Since the parties marriage in May of 2005, the home has increased in
value. The increase in value of the home should be considered i equitable distrtibution.
Date: i? io
Respectfiilly subm:
--
By: r,.
Thomas M. Clark,
COLGAN MARZ?
130 W. Church Str
Dillsburg, PA 1701
(717) 502-5000
ID# 85211
Attorney for Plaint
CCO, LLC
ife
EXHIBIT A
KELLEY L. MALEY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JOHN F. MALEY,
Defendant
NO. 09-8906 Civil Term
CIVIL ACTION -LAW
IN DIVORCE
INVENTORY
OF
KELLEY L. MALEY
Thomas M. Clark, Esquire
COLGAN MARZZACCO
130 West Church Street
Suite 100
Dillsburg, PA 17019
(717) 502-5000
Attorney for Plaintiff
James A. Miller, Esquire
765 Poplar Church Road
Camp Hill, PA 17011
Attorney for Defendant
(717) 717 737-6400
t'
ASSETS OF THE PARTIES
Plaintiff marks on the list below, those items applicable to the case at
following pages. If an item has been appraised, a copy of the appraisal
(X) 1. Real property
(X) 2. Motor vehicles
(X) 3. Stock, bonds, securities and options
(X) 4. Certificates of deposit
(X) 5. Checking; accounts; cash
(X) 6. Savings accounts, money market and savings certif
(X) 7- Contents of Safe Deposit boxes
( ) 8. Trusts
(X) 9. Life insurance policies (indicate face value, cash st
value, and current certification)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 1.4. Personal property outside the home
( ) 15. Business (list all owners, including percentage (%)
officer/director positions held by a party with the a
( ) 16. Employment termination benefits; severance pay,
Compensation (claim/award)
( ) 17. Profit Sharing plans
(X) 18. Pension plans (indicate employee contribution and
vests)
( ) 19. Retirement Plans, Individual Retirement Accounts
20. Disability Payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. Military/'V.A. benefits
( ) 23. Education benefits
(X) 24. Debts due others, including loans, mortgages held
( ) 25. Household Furnishings and Personalty (Include as
Category and attach an itemized list if distribution
assets is in dispute)
O 26. Other
and itemizes the assets on the
>ort is attached.
f ownership, and
npany)
orkman's
plan
Total
Psuch
MARITAL PROPERTY
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal report is attached.
ITEM NUMBER 1 2 3
DESCRIPTION OF Marital Residence: 2008 Hyundai 200 Hyundai
PROPERTY 75 Hillside Circle Santa Fe GLS Sona ta
Camp Hill, PA
17011
(Increase in value of
residence that was
purchased prior to
marriage)
NAMES! OF ALL John Maley Kelley Maley Jo Maley
OWNERS
MARITAL PROPERTY
Plaintiff marks on the list below, those items applicable to the case at barl' and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal re ort is attached.
ITEM NUMBER 3 4 4
DESCRIPTION OF Stock Portfolio Certificate of Deposit Certi ficate of Deposit
PROPERTY Rite Aid and other Integrity Bank Mid Penn Bank
stock Account # 6000884 Acco unt # 317000218
$49,000.00 $30, 000.00
Opened - 6.27.09 Ope ed - 4.21.09
Matures - 5.27.11 Ma res - 6.2
NAMES OF ALL John Maley John Maley Jo Maley
OWNERS
I
I
MARITAL PROPERTY
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal re ort is attached.
ITEM NUMBER 4 4 4
DESCRIPTION OF Certificate of Deposit Certificate of Deposit Certi icate of Deposit
PROPERTY Mid Penn Bank Mid Penn Bank Susq ehanna Bank
Acct # 317000237 Acct # 317000412 Acct # 10005630149
$22,000.00 $23,000.00 $30,0 00.00
Opened - 6.8.09 Opened - 12.4.09 Open ed - 8.29.08
Matures -- 8.8. 10 Matures - 8.4.12 Ma res - 2.28.11
NAMES OF ALL John Maley John Maley John Maley
OWNERS
MARITAL PROPERTY
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal report is attached.
ITEM NUMBER 5 5 5
DESCRIPTION: OF Checking Account Checking Account Chec king Account
PROPERTY PSECU PSECU Integ rity
Acct # - 8141594757 Acct # - 5140203181 Acct # - 206001474
Balance as of: Balance as of 12.8.09 Bala nce as of 12.8.09
$16,006.69 $6,8- 70.21
NAMES OF ALL Kelley Maley John Maley John Maley
OWNERS
I
MARITAL PROPERTY
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal report is attached.
ITEM NUMBER 5 or 6 5 or 6 5 or 6
DESCRIPTION OF Account with Account with Acco unt with
PROPERTY Sovereign Bank Sovereign Bank Susq ehanna Bank
Account ## unknown Acct # - 0925543431
NAMES OF ALL Jolm Maley John Maley John Maley
OWNERS
MARITAL PROPERTY
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal report is attached.
ITEM NUMBER 6 6 6
DESCRIPTION OF Savings Account Savings Account Savin gs Account
PROPERTY Kansas City Police PSECU Mem ber's 1St
Credit Union Acct # - Credi t Union
Account 4 - 89960 8141594757 Acct. # - 337168
Balance -- $25.00 Balance - $5.00 Balan ce - $5.00
NAME OF ALL Kelley Maley Kelley Maley K elley Maley
OWNERS
i
i
MARITAL PROPERTY
i
I
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the
fallowing pages. If an item has been appraised, a copy of the appraisal re ort is attached.
ITEM NUMBER 6 6 7
DESCRIPTION OF
PROPERTY Savings .Account
Members 1st federal
Credit Union
Account # - 331025
Balance - $5.00 Savings Account
PSECU
Acct # Unknown
Balance unknown 1 or
Boxe
be a
Cont Safe Deposit
s. One used to
Integrity Bank.
ents unknown
NAME OF ALL
OWNERS John & Kelley Maley John Maley John Maley
MARITAL PROPERTY
I
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal re ort is attached.
ITEM NUMBER 9 9 18
DESCRIPTION OF Life Insurance policy Life Insurance policy Pensi on Plan through
PROPERTY with Prudential with Prudential State Employees
through employment through employment Retir ement System as
with Commonwealth with Commonwealth of 12 .31.09
of Pennsylvania of Pennsylvania Cont ributions -
$40,000.00 $40,000.00 $7,19 2.47
No Cash Value No Cash Value Prese nt value -
$24,0 35.24
Servi ce purchase debt
- 30 ,095.72
NAME OF ALL Kelley Maley John Maley elley Maley
OWNERS
i
MARITAL PROPERTY
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal report is attached.
ITEM NUMBER 18
DESCRIPTION OF Pension Plan through
PROPERTY State Employees
Retirement System
Unknown current
present value.
NAME OF ALL John Maley
OWNERS
LIABILITIES OF THE PARTIES
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal re ort is attached.
ITEM NUMBED 24 24 24
DESCRIPTION OF Visa acci:# - 7622 Overdraft Protection Sign ature Loan
LIABILITY Balance - $5,877.00 Acct# - 89960 Acct # - 89960-151
Balance - $389.96 Bala nce - $6,572.37
NAMES OF ALL Kansas City Police Kansas City Police Kans as City Police
CREDITORS Credit Union Credit Union Cre it Union
NAMES OF ALL Kelley Maley Kelley Maley K elley & John'
DEBTORS Maley
LIABILITIES OF THE PARTIES
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal re ort is attached.
ITEM NUMBER 24 24 24
DESCRIPTION OF Personal Loan Auto Loan Unse cured loan
LIABILITY Acct. # - 2008 Hyundai Acct. # 337168
8141594757-L-90 Santa Fe Balan ce - $2,352.14
Balance - $ 1588.58 Balance - $20,923.33
NAMES OF ALL Pennsylvania State Members 1St Federal Mem bers 1St Federal
CREDITORS Employees Credit Credit Union Cred it Union
Union
NAMES OF ALL Kelley Maley Kelley Maley and Ke lley Maley and
DEBTORS John Maley John Maley
LIABILITIES OF THE PARTIES
Plaintiff marks on the list below, those items applicable to the case at bar, and itemizes the assets on the
following pages. If an item has been appraised, a copy of the appraisal report is attached.
II
ITEM NUMBER 24 24 24
DESCRIPTION OF Visa Personal Loan Perso nal Loan
LIABILITY Acct. # - 8239 Acct. # - 337168 Acct. # 337168
Balance - $ 10,193.96 Balance - $2,835.22 Balai ce - $2,000.00
NAMES OF ALL Members I't Federal Members 1St Federal Mem bers 1st Federal
CREDITORS Credit Union Credit Union Cred it Union
NAMES OF ALL Kelley Maley and Kelley Maley and Kelley Maley
DEBTORS John Maley John Maley
INVENTORY of
KELLEY MAL:EY
Plaintiff, Kelley Maley, files the following Inventory of 11
either arty at the time this action was commenced and all proper -ti
preced ng three (3) years.
owned by
within the
I verify that the statement made in this Inventory ar true and correct, I
understand that false statements made herein are made subject to enalties of 18 PA.C.S.
Section 4904 relating to unsworti falsification to lawenforcenicnt uthorities.
SIGNATURE DA l E•
EXHIBIT B
r
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENN
Kelley L. Maley v. John F. Maley
DOCKET NO.: 2009-8906
INCOME AND EXPENSE STATEMENT OF KELLEY L. MALE
ADDRESS: Kelley Maley ATTORNEY: Thomas M. Cl
75 Hillside Circle 130 W. Churc
Camp Hill, PA 17011 Dillsburg, PA
PHONE: (717)580-2009 PHONE: (717) 502-50C
SECTION I INCOME AND INSURANCE INFORMATION
INSTRUCTIONS: THIS SECTION MUST BE FULLY COMPLETED. IF YOU ARE NOT PRESET,
INFORMATION SHOULD REFLECT EARNINGS INFORMATION FROM YOUR LAST JOB.
INCOME:
CURRENT OR LAST EMPLOYER: Commonwealth of Pennsylvania - Labor & Industry
PAYROLL ADDRESS:651 Boas Street, Room514, Harrisburg, Pennsylvania 17121
POSITION HELD: ED Specialist RATE OF PAY/FREQUENCY: $1,277.44
HOW PAID: (CIRCLE' ONE) WEEKLY/ BIWIEEKLY / MONTHLY / SEMI-MONTHLY / OTHER
IF LAST JOB: DATE LEFT JOB REASON FOR LEAVING
GROSS PAY PER PERIOD:
ITEMIZED PAYROLL DEDUCTIONS:
FEDERAL WITHHOLDING
SOCIAL SECURITY (& MEDICARE)
LOCAL WAGE TAX
STATE INCOME TAX
MANDATORY RETIREMENT
HEALTH INSURANCE
OTHER (SPECIFY)
Local Service Tax
Unemployment Tax
NET PAY PER PAY PERIOD
.VANLA
Suite 100
LY EMPLOYED, THE EMPLOYER
OTHER INCOME: WEEK MONTH YEAR PROPERTY OWNED: OW NERSHIP
(FILL IN APPROPRIATE COLUMN) DESCRIPTION VA LUE H W J
INTEREST $ 0 0 0 CHECKING ACC TS $4. 30
DIVIDENDS $ 0 0 0 SAVINGS ACCT S. $30 .00
PENSION $ 0 0 0 CREDIT UNION $
ANNUITY $ 0 0 0 STOCK/BONDS $
SOCIAL SECURITY $ 0 0 0 REAL ESTATE $
RENTS $ 0 0 0 BUSINESS $
UNEMPLOYMENT COMP. $ 0 0 0 $
WORKMENS COMP. $ 0 0 0 $
IRA $ 0 0 0
TIP $ 0 0 0 TOTAL $3, 30
ALIMONY (RECOD.) $ 0 0 0
CHILD SUPPORT $ 0 350.00 0
$0 0 0
TOTAL $ 0 350.00 0
INSURANCE (COVERING DEPENDENTS IN THIS CASE): COVERAGE
COMPANY AND CLAIMS ADDRESS GROUP 9 POLICY H W C
HOSPITAL Capital Blue Cross PFP361 19140758 2
BLUE CROSS P.O. Box 779500
Harrisburg, PA 17177
OTHER
MEDICAL
BLUE SHIELD
OTHER
HEALTH/ACCIDENT
DISABLITY
DENTAL United Concordia 846525000 19140758 2
P.O. Box 69421
Harrisburg, PA 17:104
OTHER
PRESCRIPTION P.O. Box 2187 PEBTFRX EREB00 0372
Lees Summit, PA t54063-2187
*H==HUSBAND, W=WIFE, J=JOINT, C=CHILD
$ 1,572.75
$ 0
$ 0
$ 97.51 & 22.87
$ 25.16
$ 48.28
$ 98.30 (REQUIRED MINIMUM 6.25%)
$0
$ 2.00
$1.26
$ 1,277.44
1
V
Phone. 717.502-5000
717502-5050
KELLY MALEY, ) Docket Number 2 09-891
Plaintiff )
VS. ) PACSES Case N mbar
JOHN f. MALEY, )
Defendant ) Other State ID Nu bar
Please note: All correspondence must include the PACSES Case umber.
Metzer Expense Statement
EXPENSE STATEMENT OF
KELLY MALEY,
(Name)
EXPENSES MONTHLY
TOTAL MONTHLY
C ILDRE MONTHLY
PARENT
HOME
Mortgage or Rent
Maintenance
Lawn Care'
2nd Mortgage
UTILITIES
Electric
Gas
OR
-
Telephone
Cell Phone 137.43 43.21 94.22
Water
Sewer
Cable TV.
Internet
in
sh/Recycl
;Service Type
(Passes Number)
EXPENSES MONTHLY
TOTAL MONTHLY
CHILDREN MONTHLY
R NT
Medical
Medical Insurance
Doctor 75.00 25.00 50.00
Dentist
Ho s ital
Medication 94.00 38.00 56.00
Counseling/Therapy
Orthodontist 50.00 50.00
Special Needs (glasses,
etc.)
EDUCATION
Tuition
T orin
Lessons
Other 84.00
Form 1N-009
Worker 1D
v
Melzer Expense Statement (Continued)
V`'
PACSE Case Number
EXPENSES MONTHLY
TOTAL MONTHLY
CHILDREN MONTHLY
PARENT
TAXES
Real Estate
Personal Property
INSURANCE
Homeowners/Renters
Automobile
Life
AccidenVDisabilit
Excess Coverage
Long-Term Care
AUTOMOBILE
Lease or Loan Payments 542.83
Fuel 160.00
Repairs
Memberships 6.09
.
Service Type
EXPENSES MONTHLY
TOTAL MONTHLY
CHILDREN MONTHLY
PARENT
PERSONAL
Debt Service 693.99 693.99
Clothing 76.00 66.00 15.00
Groceries 563.00 423.00 140.00
Haircare 71.00 26.00 45.00
Memberships
MISCELLANEOUS
Child Care 161.53 161.53
Household Help
Summer Cam
Papers/Books Maazines
Entertainment
Pet Expenses
Vacations
Gifts
Le al Fees/Prof. Fees
Charitable Contributions
Children's Parties
Children's Allowances 100.00
Other Child Support
Alimony Payments
TOTAL MONTHLY
EXPENSES 2,814.87
Page 2 of 2
Form 1N-009
Worker ID
f.
1
Plaintiff, Kelley Maley, files the following Income and Expense Sta ement.
I verify that the statement made in this Income and Expense Staten ent are true and correct, I
understand that false statements made herein are made subject to penalti s of IS PA.C.S. Section
4904 relating to unsworn falsification to law enforcement authorities.
?.F' DATE:
SICGNATURE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVA
KELLEY L. MALEY, X NO. 2009-8906 CI
Plaintiff x
vs. * CIVIL ACTION -
JOHN F. MALEY,
Defendant
CERTIFICATE OF SERVICE
IL TERM
LAW IN DIVORCE
I, Thomas M. Clark, Esquire, hereby certify that I am this day serving a copy of Plaintiff s Pre-
Trial Statement upon the person and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
[Jnited States snail, first-class, postage prepaid, as follows:
James A. Miller, Esquire
765 Poplar Church Road
Camp Hill, PA 17011
Date: 1/1110 _ By:
Respectfully
Thomas M. Clark, squire
COLGAN MARZ ACCO, LLC
130 W. Church Street
Dillsburg, PA 17019
(717) 502-5000
ID# 85211
KELLEY L. MALEY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLV ANIA
V3. ,
N0.09-890G Civil Term r- co
m
JOHN F. MALEY,
: CIVIL ACTION - LAW F
r
Defendant
IN DIVORCE
r- c
y
-rte
n _r,
AFFIDAVIT OF CONSENT e -
co
A Complaint in Divorce under §3301(c) of the Divorce Code was filed on December
30, 2009.
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 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. §4904, relating to unsworn
falsification to authorities.
Date:
Iley L. al y, Plaintiff
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER 63301(e)
OF THE DIVORCE CODE
4. 1 consent to the entry of a final decree of divorce without notice.
5. I understand that I may lose rights concerning alimony, division of property,
lawyer's tees or expenses if i do not claim them before a divorce is granted.
6. 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 irrrrnediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver 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
falsifications to authorities.
Date.-
Jeey L. al y, Plaintiff
KELLEY L. MALTY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLV ANI A
VS.
O. 09-8906 Civil Term !-n Co
" Mm-
c
JOHN F. MALEY, .
: CIVIL ACTION -LAW >
-- rn
Defendant IN DIVORCE, > a
--- _,
AFFIDAVIT OF CONSENT `-
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on December
30, 2009.
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. 1 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 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.
Date:-
John I', aley, Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER 3301 c
OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do notch im 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 Waiver 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
falsifications to authorities.
Date: r6' 2-11
.1oh1, Maley,
?Defendant
i
Kelley L Maley,
Plaintiff
V.
John F Maley,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-8906
CIVIL ACTION - LAW
IN DIVORCE
C13 1
?
- "o
-t Q
-? L7 "r1
n -' = C'7
---?- fU c ?f7a
MARITAL SETTLEMENT AGREEMENT
COUNSEL FOR PLAINTIFF
Thomas M Clark Esquire
COLGAN & ASSOCIATES
130 West Church Street, Suite 100
Dillsburg PA 17019
COUNSEL FOR DEFENANT
James A. Miller, Esquire
MILLER LIPSITT LLC
4 South 17th Street
Camp Hill PA 17011
Contents
MARITAL SETTLEMENT AGREEMENT .............................................................................................. 1
1. ADVICE OF COUNSEL ............................................................................................................... 5
2. DISCLOSURE OF ASSETS .......................................................................................................... 5
3. PERSONAL RIGHTS .................................................................................................................. 6
4. MUTUAL CONSENT DIVORCE .................................................................................................. 7
5. EQUITABLE DISTRIBUTION ...................................................................................................... 8
5.1. Real Property .................................................................................................................... 8
5.2. Contents Husband's Residence and Other Personal Property ........................................ 9
5.3. Retirement Benefits ......................................................................................................... 9
5.3.1. Wife's Commonwealth of PA pension (SERS) ........................................................... 9
5.3.2. Husband's Commonwealth of PA pension (SERS) .................................................. 10
5.3.3. Other Retirement Accounts .................................................................................... 10
5.4. Financial Assets .............................................................................................................. 11
5.4.1. Husband's PSECU, Members 1st and Integrity Bank Accounts .............................. 11
5.4.2. Wife's PSECU, Members 1St, Metro Bank and Kansas City Police Credit Union
Accounts ................................................................................................................................ 11
5.4.3. Husband's CD's ........................................................................................................ 11
5.4.4. Rite Aid stock .......................................................................................................... 11
5.5. Vehicles .......................................................................................................................... 12
5.5.1. 2009 Hyundai Sonata .............................................................................................. 12
5.6. Lump Sum Payment ....................................................................................................... 12
5.7. Outstanding Joint Debts ................................................................................................. 13
5.8. After-Acquired Property ................................................................................................. 14
5.9. Property of Wife ............................................................................................................. 14
5.10. Property of Husband .................................................................................................. 14
5.11. Assumption of Encumbrances .................................................................................... 15
5.12. Taxes ........................................................................................................................... 15
5.13. Indemnification of Wife .............................................................................................. 16
5.14. Indemnification of Husband ....................................................................................... 17
5.15. Warranty as to Future Obligations ............................................................................. 17
5.16. Release of Claims ........................................................................................................ 17
6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE .................................... 18
7. ACCEPTANCE AND RELEASES ................................................................................................ 19
8. COUNSEL FEES, COSTS AND EXPENSES ................................................................................. 20
9. WAIVER OF BENEFICIARY DESIGNATIONS ............................................................................ 20
10. WAIVER OF INHERITANCE RIGHTS ..................................................................................... 21
11. MODIFICATION ...................................................................................................................21
12. SEVERABILITY .....................................................................................................................22
13
14.
15.
BREACH .............................................................................................................................. 22
WAIVER OF BREACH ........................................................................................................... 22
NOTICE ............................................................................................................................... 22
16. APPLICABLE LAW ................................................................................................................ 23
17. DATE OF EXECUTION .......................................................................................................... 23
18. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT ........................................... 23
19. HEADINGS NOT PART OF AGREEMENT .............................................................................. 23
20. AGREEMENT BINDING ON PARTIES AND HEIRS ................................................................ 23
21. ENTIRE AGREEMENT .......................................................................................................... 24
22. MUTUAL COOPERATION .................................................................................................... 24
23. AGREEMENT NOT TO BE MERGED ..................................................................................... 24
EXHIBIT A - WIFE'S PERSONAL PROPERTY .................................................................................... 27
MARITAL SETTLEMENT AGREEMENT
ibO-
THIS AGREEMENT made this (A
day of 2011,
by and between John F Maley (hereinafter referred to as "Husband"), and Kelley L Maley
(hereinafter referred to as "Wife").
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
March 18 2005 in Clinton County, Missouri;
WHEREAS, there were no children of the parties;
WHEREAS, 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, the settling of all matters between them relating to the ownership of real and
personal property, and in general, the settling of any and all claims and possible claims by one
against the other or against their respective estates;
AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants, and undertakings hereinafter set forth, and for other good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties
hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as
follows:
1. ADVICE OF COUNSEL. Wife has employed and had the benefit of the counsel of Thomas
M Clark, Esquire, of Colgan and Associates as her attorney. Husband has employed and had
the benefit of the counsel of James A. Miller, Esquire, of Miller Lipsitt, LLC, as his attorney.
Each party acknowledges that he or she fully understands the facts and his or her legal
rights and obligations, and each party acknowledges and accepts that this Agreement is,
under the circumstances, fair and equitable, and that it is being entered into freely and
voluntarily, 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. Each party hereto acknowledges that he or she understands the impact of the
Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all
marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or possessed individually by the
other, counsel fees and costs of litigation and, fully knowing the same, each party hereto
still desires to execute this Agreement acknowledging that the terms and conditions set
forth herein are fair, just, and equitable to each of the parties and waives their respective
right to have the Court of Common Pleas of Cumberland County or any other Court of
competent jurisdiction to make any determination or order affecting the respective parties'
right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital
property, counsel fees and costs of litigation.
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is
aware of his or her right to seek discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the
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filing of inventories, and all other means of discovery permitted under the Pennsylvania
Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further
acknowledges that he or she has discussed or has had the opportunity to discuss with
counsel the concept of marital property under Pennsylvania law and each is aware of his or
her right to have the real and/or personal property, estate and assets, earnings and income
of the other assessed or evaluated by the court of this Commonwealth or any other court of
competent jurisdiction. Husband and Wife represent and warrant that each has disclosed
to the other in full his or her respective assets, liabilities and income and that this
Agreement was negotiated and entered into on the basis of those disclosures. The parties
hereby acknowledge and agree that the division of assets as set forth in this Agreement is
fair, reasonable and equitable and is satisfactory to them. The remedies available to either
party for breach or violation of this provision shall be those remedies available pursuant to
law and equity. Each party retains the right to assert a claim against the other for failure to
fully and fairly disclose his or her income, assets and liabilities, if it is later determined that
there has been a failure to disclose, including but not limited to a claim of constructive
trust.
3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live
separate and apart. Each shall be free from all control, restraint, interference and authority,
direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each
may reside at such place or places as he or she may select. Each may, for his or her
separate use or benefit, conduct, carry on or engage in any business, occupation, profession
or employment which to him or her may seem advisable. This provision shall not be taken,
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however, to be an admission on the part of either Husband or Wife of the lawfulness of the
cause that led to, or resulted in, the continuation of their living apart. Husband and Wife
shall not molest, harass, disturb or malign each other or the respective families of each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in
any manner whatsoever with him or her. Neither party will interfere with the use,
ownership, enjoyment or disposition of any property now owned by or hereafter acquired
by the other.
4. MUTUAL CONSENT DIVORCE. Husband and Wife agree that they will seek a final
decree in divorce simultaneously and as efficaciously as possible upon the execution hereof
pursuant to the terms of this paragraph. Wife has filed an action for divorce in Cumberland
County, Docket No. 09-8906 Civil. Said action included economic claims pursuant to the
Divorce Code and such claims are hereby completely and finally resolved by this Agreement.
Moreover, neither party may assert any additional ancillary economic claims otherwise
authorized by the Divorce Code, and all such ancillary claims are specifically waived by the
terms of this Agreement. Concurrently with the execution of this Agreement, the parties
shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of
Notice. Said documents shall be provided to Wife's counsel who shall immediately praecipe
for divorce.
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5. EQUITABLE DISTRIBUTION.
5.1.Real Property.
The parties acknowledge that Husband is the sole owner of the premarital residence and lot
and all improvements thereupon situated at 75 Hillside Circle, Camp Hill, Cumberland County,
PA 17011 (collectively, "the Marital Residence"). Wife shall upon request execute a Quit Claim
Deed to the marital residence upon request by Husband.
Husband shall keep Wife and her assigns, heirs, executors and administrators
indemnified and held harmless from any past, present or future claims, penalties, liability, cost
or expense, including, without limitation, reasonable attorney's fees and expert fees, arising out
of or in any way related to the Marital Residence. The foregoing indemnification obligation
shall also include any costs or expenses (including, without limitation, reasonable attorney's
fees) incurred by Wife in enforcing Husband's indemnification obligation.
Wife shall provide Husband notice within 30 days of any creditors' notice of default Wife
may receive relative to the Marital Home so that Husband may immediately cure any such
default thereby honoring this indemnity provision and alleviating any and all costs, fees and/or
expenses associated with any creditors' claims associated therewith. Should Wife receive any
such notice and fail to notify Husband thereof, then Husband's indemnity obligation shall be of
no force or effect and Wife shall not be entitled to seek enforcement of Husband's indemnity
thereon.
Husband shall have exclusive possession of the Marital Residence upon the execution
hereof. Wife shall be entitled to reside at the Marital Residence for an additional period of
thirty (30) days from the date of execution hereof. Wife shall not damage nor commit waste to
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the Marital Residence. In the event Wife remains beyond the thirty (30) day period, then she
shall pay to Husband $400.00 per month for each month Wife remains. In such an event then
at the commencement of the hold over period, the parties shall perform a "walk-through" on
those areas that Wife exclusively resides in within the premises identifying any existing damage
to the premises.
5.2. Contents Husband's Residence and Other Personal Property.
5.2.1. Husband shall and does hereby set over, transfer and assign to
Wife all of his right, title, claim and interest in and to the personal property set
forth in Exhibit A attached hereto. Wife shall have each and every item set forth in
Exhibit A removed at the time Wife vacates the residence as set forth hereinabove
in section 5.1
5.2.2. Wife shall and does hereby set over, transfer and assign to
Husband all of her right, title, claim and interest in and to all of the contents of
Husband's located at the marital residence excepting those items set forth in
Exhibit A including but not necessarily limited to all furniture, furnishings, rugs,
carpets, household appliances and equipment, clothes, jewelry, personalty and
other items of tangible property of whatever nature currently located in Husband's
residence, as well as other jewelry and personal property in Husband's possession
as of the date of this Agreement.
5.3.Retirement Benefits.
5.3.1. Wife's Commonwealth of PA pension (SERS). The parties acknowledge that
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Wife is the owner of a Retirement Account held with the Commonwealth of PA.
The parties agree that Wife shall retain this Retirement as her sole and separate
property. Husband does hereby set over, transfer and assign to Wife any and all of
his right, title, claim and interest in and to all or any portion of Wife's Retirement.
5.3.2. Husband's Commonwealth of PA pension (SERS). The parties acknowledge
that Husband is the owner of a Retirement Account held with the Commonwealth
of PA. The parties agree that Husband shall retain this Retirement as his sole and
separate property. Wife does hereby set over, transfer and assign to Husband any
and all of her right, title, claim and interest in and to all or any portion of Husband's
Retirement.
5.3.3. Other Retirement Accounts. Each of the parties does specifically waive,
release, renounce and forever abandon all of his or her right, title, interest or
claim, whatever it may be, in any other Pension Plan, Retirement Plan, Profit
Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or
any employee benefit plan of the other party, whether acquired through said
party's employment or otherwise, and hereafter said Pension Plan, Retirement
Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan
shall become the sole and separate property of the party in whose name or
through whose employment said plan is carried.
Should any plan set forth in 5.3 require either party to execute any document in
order to effectuate the transfers contemplated herein, each party shall upon
reasonable request timely cooperate and execute any required document(s)
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associated therewith.
5.4. Financial Assets.
5.4.1. Husband's PSECU, Members 1st and Integrity Bank Accounts.
The parties agree that Husband is the owner of bank accounts held with
PSECU, Members 1st and Integrity Bank ("Husband's bank accounts").
Wife does hereby set over, transfer and assign to Husband any and all of
her right, title, claim and interest in and to all or any portion of Husband's
bank accounts.
5.4.2. Wife's PSECU, Members 1st, Metro Bank and Kansas City Police Credit
Union Accounts. The parties agree that Wife is the owner of bank accounts held
with PSECU, Members 15t, Metro Bank and Kansas City Police Credit Union ("Wife's
bank accounts"). Husband does hereby set over, transfer and assign to Wife any
and all of his right, title, claim and interest in and to all or any portion of Wife's
bank accounts.
5.4.3. Husband's CD's. The parties agree that Husband is the owner of Certificates of
Deposit ("Husband's CD's"). Wife does hereby set over, transfer and assign to
Husband any and all of her right, title, claim and interest in and to all or any portion
of Husband's CD's.
5.4.4. Rite Aid stock. The parties agree that Husband is the owner of shares of Rite
Aid Stock ("Husband's stock"). Wife does hereby set over, transfer and assign to
Husband any and all of her right, title, claim and interest in and to all or any portion
of Husband's stock.
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5.5.Vehicles.
5.5.1. 2009 Hyundai Sonata. The parties acknowledge and agree that Husband is the
owner of a 2009 Hyundai Sonata. Wife agrees to transfer all of her right, title, and
interest, whatever it may be to the Sonata to Husband and agrees to sign any and
all documentation necessary to effectuate the transfer. The parties agree to
transfer title no later than within twenty (20) days of execution of this Agreement.
Husband shall be solely responsible for any fees and costs associated with said
transfer and shall indemnify and hold Wife harmless therefrom. Further, Husband
agrees that he shall be responsible for any and all debt associated with the Sonata
and agrees to indemnify and hold Wife harmless from any and all liability and
responsibility for said vehicle.
5.6. Lump Sum Payment. Upon execution hereof, Husband shall pay to Wife through
respective counsel the lump sum of $8,000.00 as partial payment on equitable
distribution representing Wife's interest in the marital estate. Within five (5) days of
Wife's complete vacating of the marital residence as defined hereinabove in section
5.1, Husband shall pay $8,000.00 unto Wife through respective counsel representing
her remaining interest in the marital estate. If for any reason, said payment is not
timely made, Wife shall have the right (but not the obligation) to immediately have a
court order entered against Husband requiring that he list the marital residence for sale
upon terms reasonably acceptable to Wife and the Court. Further, Husband and Wife
shall list the property with a Pennsylvania licensed real estate broker and agent for the
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fair market value and shall accept any reasonable offer from a bona fide arms length
purchaser. Further, if the marital residence is sold, the net proceeds from the sale shall
be applied first to pay Wife for all amounts then due and owing from Husband to Wife.
Any remaining proceeds after payments to Wife pursuant to the preceding sentence
shall be paid to Husband excluding Wife's reasonable costs and fees incurred in the
enforcement of this provision.
5.7. Outstanding Joint Debts. Each of the parties hereto promises, covenants and
agrees that each will now and at all times hereafter save harmless and keep the other
or his or her estate indemnified and saved harmless from all debts or liabilities incurred
by him or her, as the case may be, and from all actions, claims and demands
whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel
fees whatsoever appertaining to such actions, claims and demands.
A liability not disclosed in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and each agrees to pay it as the same shall
become due, and to indemnify and hold the other party and his or her property
harmless from any and all such debts, obligations and liabilities. From the date of
execution of this Agreement, each party shall use only those credit cards and accounts
for which that party is individually liable and the parties agree to cooperate in closing
any remaining accounts which provide for joint-liability, with the party who has used
the joint account being responsible for paying any remaining balance.
Wife shall have no right to claim or seek contribution from Husband for any of the joint
debts as follows:
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1. Kansas City Policy Credit Union Loanliner Credit and Security Agreement;
2. Members First Loan numbers 337168-0001 and 331025-0001 and VISA
4672090000308239
In the event Wife seeks contribution for Husband for the foregoing joint debts or any other
joint debts, such action shall constitute a breach of this agreement and Husband shall be
afforded all rights and remedies available through the courts and by this agreement including
any and all reasonable attorney fees and costs incurred by Husband in his defense thereof.
5.8. After-Acquired Property. Each of the parties shall from their date of separation
and hereafter own and enjoy, independently of any claim or right of the other, all items
of property, be they real, personal or mixed, tangible or intangible, which are acquired
by him or her after execution of this Agreement, 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.
5.9. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free
from any claim of Husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property,
and waives and relinquishes any and all rights thereto, together with any insurance
policies covering that property, and any escrow accounts relating to that property. This
Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all
rights in such property from Husband to Wife.
5.10. Property of Husband. The parties agree that Husband shall own, possess,
and enjoy, free from any claim of Wife, the property awarded to him by the terms of
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this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such
property, and waives and relinquishes any and all rights thereto, together with any
insurance policies covering that property, and any escrow accounts relating to that
property. This Agreement shall constitute a sufficient bill of sale to evidence the
transfer of any and all rights in such property from Wife to Husband.
5.11. Assumption of Encumbrances. Unless otherwise provided herein, each
party hereby assumes the debts, encumbrances, taxes and liens on all the property
each will hold subsequent to the date of this Agreement, and each party agrees to
indemnify and hold harmless the other party and his or her property from any claim or
liability that the other party will suffer or may be required to pay because of such
debts, encumbrances or liens. Each party in possession of property to be awarded to
the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance
payments and the like attendant to such property are current, or if not current, notice
of any arrearage or deficiency has been given to the receiving party prior to the
execution of this Agreement.
5.12. Taxes. By this Agreement, the parties have intended to effectuate and
equitably divide their marital property. The parties have determined that such division
conforms to a right and just standard with regard to the rights of each party. Except as
may be otherwise expressly provided herein, the division of existing marital property is
not intended by the parties to constitute in any way a sale or exchange of assets, and
the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate. As a part of the division of the
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marital property and the marital settlement herein contained, each party shall receive
each item of property at the tax basis that existed for the item immediately before the
execution of this Agreement, and that this Agreement is not intended to affect the tax
basis or tax status for the property received by the party. The parties agree to save and
hold each other harmless from all income taxes assessed against the other resulting
from the division of the property as herein provided.
The parties acknowledge that they have filed various joint income tax returns during
the course of their marriage for which both Husband and Wife compiled all relevant
and required information for such purposes. To the extent that any such information
pertained to the other party's employment income, business income or deductions, or
income from any other source, each party relied upon such information as being
accurate. In the event that any additional taxes, penalties or interest are assessed as a
result of any such joint return, the party ultimately responsible for any alleged under-
reporting income or claiming any improper deduction shall indemnify and save the
other party harmless from such tax liability, penalties, interest, reasonable attorney's
fees or reasonable accountant's fees.
5.13. Indemnification of Wife. If any claim, action or proceeding is hereafter
initiated seeking to hold Wife liable for the debts or obligations assumed by Husband
under this Agreement, Husband will, at his sole expense, defend Wife against any such
claim, action or proceeding, whether or not well-founded, and indemnify her and her
property against any damages or loss resulting therefrom, including, but not limited to,
costs of court and reasonable attorney's fees incurred by Wife in connection therewith.
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5.14. Indemnification of Husband. If any claim, action or proceeding is hereafter
initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expense, defend Husband against any such
claim, action or proceeding, whether or not well-founded, and indemnify him and his
property against any damages or loss resulting therefrom, including, but not limited to,
costs of court and reasonable attorney's fees incurred by Husband in connection
therewith.
5.15. Warranty as to Future Obligations. Except as set forth in this Agreement,
Husband and Wife each represents and warrants to the other that he or she has not in
the past or will not at any time in the future incur or contract any debt, charge or
liability for which the other, the other's legal representatives, property or estate may
be responsible. From the date of execution of this Agreement, each party shall use only
those credit cards and accounts for which that party is individually liable and the parties
agree to cooperate in closing any remaining accounts which provide for joint liability.
Each party hereby agrees to indemnify, save and hold the other and his or her property
harmless from any liability, loss, cost or expense whatsoever incurred in the event of
breach hereof.
5.16. Release of Claims. Wife and Husband acknowledge and agree that the
property dispositions provided for herein constitute an equitable distribution of their
assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband
hereby waive any right to division of their property except as provided for in this
Agreement. Furthermore, except as otherwise provided for in this Agreement, each of
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the parties hereby specifically waives, releases, renounces and forever abandons any
claim, right, title or interest whatsoever he or she may have in property transferred to
the other party pursuant to this Agreement or identified in this Agreement as belonging
to the other party, and each party agrees never to assert any claim to said property or
proceeds in the future. The parties hereby expressly release and relinquish, each to the
other, every claim, demand, right and interest he or she may have in or against the
other, or against his or her estate, together with any income or earnings thereon,
arising from and during the marriage and of or from any other reason growing out of
the marital relationship. However, neither party is released or discharged from any
obligation under this Agreement or any instrument or document executed pursuant to
this Agreement. Husband and Wife shall hereafter own and enjoy independently of any
claim or right of the other, all items of personal property, tangible or intangible,
acquired by him or her from the date of execution of this Agreement 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.
6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE. The parties
acknowledge that by this Agreement they have each respectively secured sufficient financial
resources to provide for his or her own comfort, maintenance and support. The parties do
hereby acknowledge that inflation may increase or decrease, that their respective incomes
and assets may substantially increase in value, that either may be employed or unemployed
at various times in the future, and that notwithstanding these or other economic
circumstances, which may be changes in circumstances of a substantial and continuing
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nature, the terms of this Agreement are just and reasonable. Therefore, except for the
provisions of this Agreement, the parties hereby expressly waive, discharge and release any
and all rights and claims which they may now or hereafter have, by reason of the parties'
marriage, to alimony, alimony pendente lite, spousal support or maintenance, and they
further release any rights they may have to seek modification of the terms of this
Agreement in a court of law or equity, it being understood that the foregoing constitutes a
final determination for all time of either party's obligation to contribute to the support and
maintenance of the other. Except as provided for in this Agreement, it shall be, from the
execution date of this Agreement, the sole responsibility of each of the respective parties to
sustain himself or herself without seeking any additional spousal support from the other
party. In the event that either of the parties shall seek a modification of the terms of this
paragraph, or in the event that either party makes any claim for spousal support, alimony
pendente lite or alimony other than as provided for by the terms of this Agreement, that
party shall indemnify and hold the other party harmless from and against any loss resulting
therefrom, including reasonable counsel fees and costs.
7. ACCEPTANCE AND RELEASES. Subject to the provisions of this Agreement, each party
has released and discharged, and by this Agreement does for himself or herself and his or
her heirs, legal representatives, executors, administrators and assigns, release and
discharge the other of and from all causes of action, claims, rights, or demands, whatsoever
in law or equity, which either of the parties ever had or now has against the other, except
any or all causes of action for termination of the marriage by divorce or annulment and
except for all causes of action for breach of any provisions of this Agreement. The parties
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accept the provisions of this Agreement in lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now or hereafter have against each
other, and each party does hereby specifically release and waive any and all rights he or she
might have to raise claims under the Divorce Code and any Amendments thereto including,
but not limited to claims for equitable distribution of marital property, spousal support,
alimony, alimony pendente lite, counsel fees or expenses or for any other provision for their
support and maintenance, and any other charge of any nature whatsoever pertaining to any
divorce proceeding which may have been or may be instituted by the parties in any court in
the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding
which may be instituted by either party in any court in the Commonwealth of Pennsylvania
or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be
charged by any counsel arising in any manner whatsoever except for breach of this
Agreement. The fact that a party brings an action to enforce this Agreement under the
Divorce Code and any Amendments thereto, does not give either party the right to raise
other claims under the Divorce Code, specifically waived and released by this provision and
all rights and obligations of the parties arising out of the marriage shall be determined by
this Agreement.
8. COUNSEL FEES, COSTS AND EXPENSES. Except for the provisions in Paragraph 13,
each party shall be solely responsible for all fees, costs and expenses incurred for their legal
representation.
9. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise expressly set forth in
this Agreement, each party hereto specifically waives any and all beneficiary rights and any
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and all rights as a surviving spouse in and to any asset, benefit, policy, annuity or like
program or account carrying a beneficiary designation which belongs to the other party
under the terms of this Agreement, including, but not limited to, pensions and retirement
plans of any sort or nature, deferred compensation plans, life insurance policies, annuities,
stock accounts, bank accounts, final paychecks or any other post-death distribution scheme.
Each party expressly states that it is his or her respective intention to revoke by the terms of
this Agreement any beneficiary designations naming the other which are in effect as of the
date of execution of this Agreement. In the event that the beneficiary designation is not
formally changed prior to the death of the party, such that the other party continues to be
named as beneficiary with no alternate beneficiary otherwise designated, the beneficiary
shall be deemed to be the Estate of the deceased party and all benefits shall be distributed
to the personal representative for the Estate of the deceased party, free of any claim by the
other party.
10. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement,
Husband and Wife each waives all rights of inheritance in the estate of the other, any right
to elect to take against the Will or any trust of the other or in which the other has an
interest, and each of the parties waives any additional rights which said party has or may
have by reason of their marriage, except the rights saved or created by the terms of this
Agreement. This waiver shall be construed generally and shall include, but not be limited,
to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction,
and shall include all rights under the Pennsylvania Divorce Code.
11. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be
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effective unless in writing signed by each of the parties hereto.
12. SEVERABILITY. If any provision of this Agreement is held by a court of competent
jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way.
13. BREACH. If either party hereto is in breach of any provision hereof, the other 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 non-breaching party shall be
entitled to recover from the breaching party all reasonable costs, expenses and legal fees
actually incurred in the enforcement of the rights of the non-breaching party.
14. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the
other party will not be deemed a waiver of any other provision of this Agreement.
15. NOTICE. Any notice to be given under this Agreement by either party to the other shall be
in writing and may be affected by registered or certified mail, return receipt requested.
Notice to Wife will be sufficient if made or addressed to the following:
Kelley L Maley
P. O. Box 433
Enola, PA 17025-0433
and to Husband, if made or addressed to the following:
John F Maley
75 Hillside Circle
Camp Hill PA 17011
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Each party may change the address for notice to him or her by giving notice of that change in
accordance with the provisions of this paragraph.
16. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
17. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement
shall be defined as the date upon which the parties signed the Agreement if they do so on
the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement. This Agreement shall become effective
and binding upon both parties on the execution date.
18. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement
shall remain in full force and effect even if the parties effect a reconciliation, cohabit as
Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in
full force and effect and there shall be no modification or waiver of any of the terms hereof
unless the parties in writing execute a statement declaring this Agreement or a term of this
Agreement to be null and void.
19. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the
several paragraphs and subparagraphs hereof are inserted solely of convenience of
reference and shall not constitute a part of this Agreement nor shall they effect its meaning,
construction or affect.
20. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as
otherwise expressly provided herein, shall bind the parties hereto and their respective
Page 23 of 27
heirs, executors, administrators, legal representatives, assigns, and successors in any
interest of the parties.
21. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this
Agreement, including other documents to which it refers; that he or she has been provided
with an opportunity to discuss its provisions with an attorney of his or her own choice, and
has executed it voluntarily; and that this instrument expresses the entire agreement
between the parties concerning the subjects it purports to cover and supersedes any and all
prior agreements between the parties. This Agreement should be interpreted fairly and
simply, and not strictly for or against either of the parties.
22. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other
any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance
policies, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of
this Agreement. If either party unreasonably fails on demand to comply with these
provisions, that party shall pay to the other party all attorneys' fees, costs, and other
expenses reasonably incurred as a result of such failure.
23. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and
effect in the event of the parties' divorce. This Agreement shall not be merged into said
decree. The parties shall have the right to enforce this Agreement under the Divorce Code
of 1980, as amended, and in addition, shall retain any remedies in law or in equity under
this Agreement as an independent contract. Such remedies in law or equity are not waived
or released by this Agreement.
Page 24 of 27
4
COMMONWEALTH OF PENNSYLVANIA )
SS.:
COUNTY OF )
On this the A day of 2011, before me, the undersigned officer, , )yk"-I? , personally appeared John F Maley, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he executed the
same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA )
j SS.:
COUNTY OF G
On this the -?rday of ? 66J2 , 2011, before me, the undersigned officer,
personally appeared Kelley L Maley, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that she executed the
same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
My Commission Expires: 01 1 1 5 4 012,
NOTARIAL SEAL
SHARON A SHEAFFER
Notary Public
HAMPDEN TWP, CUMBERLAND COUNTY Page 26 of 27
My Commission Expires Feb 15, 2012
8 .
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their
acknowledgments.
WITNESS:
John F aley
Kell yLM
Page 25 of 27
4f .
EXHIBIT A - WIFE'S PERSONAL PROPERTY
Bissell Carpet Cleaner
Hoover Floor Mate
Toaster Oven
Crockpot(s): 6 Qt Black and 5 Qt Dallas Cowboys
Sony DVDNHS Combo Unit
Blender
Furniture distribution to Wife. Wife shall retain the following:
¦ Boys' beds and mattresses.
¦ Older boy's desk.
¦ Older boy's chest-of-drawers.
¦ Each boy's TV.
¦ Each boy's personal items, clothing, toys and electronics.
¦ All of Wife's personal belongings, clothes, makeup and electronics.
¦ All interior Christmas decorations.
¦ White microwave purchased in January 2008.
Wastebaskets purchased in January 2008.
¦ Living room sofa and living room chair.
¦ Two end tables.
the living room furniture (sofa, chair) and the children's furniture.
Wife's cooking items including:
o Paula Deen cookware
o Set of 2 clear red mixing bowls
o Red Tupperware pie crust mat
o Red silicone baking liner
o Various utensils, colanders and strainers
o Black and Decker Handy-Chopper
o Presto electric griddle
o Electric skillet
o Blue 22 QT stockpot
o Cast-aluminum 16 QT stockpot
o Cookbooks
Page 27 of 27
KELLEY L. MALEY, : IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 09-8906 Civil Term c *e
JOHN F. MALEY, : CIVIL ACTION - LAW zrn M '?F
Defendant : IN DIVORCE ter- :*C:)
o
0
PRAECIPE TO TRANSMIT RECORD p
=C)
y
am'
TO THE PROTHONOTARY: " y
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c).
2. Date and manner of service of the Complaint:
Defendant was served the Divorce Complaint by way of Acceptance of
Service on January 1, 2010, said Acceptance was filed with this Honorable
Court on February 5, 2010.
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 Plaintiff: August 2, 2011; By Defendant: August 2, 2011.
(b) (1) Date of execution of the Affidavit required by Section 3301(d) of the
Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit
upon the Respondent: N/A.
4. Related claims pending:
All related claims were settled by a Marital Settlement Agreement dated
June 30, 2011 and being filed simultaneously with this Praecipe.
5. 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 Section 3301(c) Divorce was filed
with the Prothonotary: August 16, 2011; Date Defendant's Waiver of Notice in
Section 3301(c) Divorce was filed with the Prothonotary: August 16, 2011.
Respectfully Submi ed,
COLGA & A CIATES, LLC
By
T omas M. Clark, Esquire
Attorney ID # 85211
130 West Church Street
Suite 100
Dillsburg, PA 17019
Tel: (717) 502-5000
Fax: (717) 502-5050
Dated: !?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLEY L. MALEY
V.
JOHN F. MALEY
No. 2009-8906
DIVORCE DECREE
AND NOW, J, r*-6V it is ordered and decreed that
KELLEY L. MALEY plaintiff, and
JOHN F. MALEY , defendant, are divorced from the
bonds of matrimony.
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.")
All related claims were settled by a Marital Settlement Agreement ("the Agreement') dated June 30,
2011, and filed simultaneously with this Praecipe. It is further ordered and decreed, pursuant to
Pennsylvania Divorce Code,Section 23 Pa.C.S.A. §3101 et seq. and Pa.R.C.P. 1920.1 et seq., and in
accordance with Paragraph 23, Page 24, of said Agreement, the terms of said Agreement shall be
incorporated, but not merged, into this Divorce Decree.
By the Court,
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