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HomeMy WebLinkAbout10-3054SAIDIS, LINDSAY 26 West High Street Carlisle, PA CHRISTINE MCGILLVRAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. %ey" 50, CIVIL TER fl CIVIL ACTION - LAW FRED MCGILLVRAY,- Defendant IN DIVORCE NOTICE TO DEFEND t_ 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, Cumberland, Pennsylvania. 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY Maryl u s, Esqui Attorney Id. 19 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 10. sz hl,e a7aay 0?1_0 o? _// SW 3 ? 41s DW U CHRISTINE MCGILLVRAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM CIVIL ACTION - LAW FRED MCGILLVRAY, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is CHRISTINE MCGILLVRAY, an adult individual currently residing at 60 Michelle Way, Hanover, Cumberland County, Pennsylvania 17331. 2. The Defendant is FRED MCGILLVRAY, an adult individual currently residing at, 122 Buttermilk Road, Cumberland County, Pennsylvania 17241. 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 January 26, 1975 in Bloserville, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States SAIDIS, LINDSAY ATIUMETS-AMAW 26 West High Street Carlisle, PA Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling, Knowing that, Plaintiff does not desire marriage counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. COUNT 1 INDIGNITIES 11. The averments in paragraphs 1 through 10 are incorporated hereto as if fully set forth herein. 12. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 13. The averments in paragraphs 1 through 12 are incorporated hereto as if fully set forth herein. 14. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. SAIDIS, FLOWER & LIlVDSAY nrtotwexs•.tt?uw 26 West High Street Carlisle, PA COUNT III ALIMONY PENDENTE LITE AND ALIMONY 15. The averments in paragraphs 1 through 14 are incorporated hereto as if fully set forth herein. 16. Plaintiff is unable to provide for her reasonable needs in the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 17. The averments in paragraphs 1 through 16 are incorporated hereto as if fully set forth herein. 18. Plaintiff is unable to sustain herself during the course of this litigation or to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Marylo a Esquire Attorney 119 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 5 / 101 Zsply Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA CHRISTINE MCGILLVRAY, Plaintiff V. FRED MCGILLVRAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. qtr L CHRISTINE MCGILLV Y SAIDIS, FLOWER & LINDSAY anow+etseruw 26 West High Street Carlisle, PA Date: ?/ 5 /ZU/U T F ~ _ .,.~~~. TOM ~' .r , 1~LITLILAKIS , ° A _ ~ . 1~: ~ , .. 2010 ~,, : ~~~; ; Michelle L. Sommer, Esquire ~ ~? y ~~ ~ 0'sv ~i ,. Attorney 1.D. #: 93034 C~„! J _ i 2 West High Street i , ~ ; Carlisle, PA 17013 r (717) 249-0900 CHRISTINE McGILLVRAY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PA ~• NO. 10-3054 FRED McGILLVRAY, :CIVIL ACTION -LAW Defendant IN DIVORCE Please enter my appeazance on behalf of the Defendant, Fred McGillvray, in the above- captioned matter. Respectfully submitted, Date ~~I ~~ ABOM & KUTULAKIS, L.L.P. ~C.. Michelle L. Som r, Esquire 2 West High Street Cazlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 AND NOW, this 4~' day of August, 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Entry of Appearance, upon Counsel for Plaintiff by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Marylou Matas, Esquire Saidis Sullivan Law 26 West High Street Carlisle, PA 17013 Attorney for the Plaintiff Respectfully submitted, Abom & %utulakis, L.L.P. ~• U Michelle L. So ,Esquire Attorney ID No.: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 CHRISTINE MCGILLVRAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • c-a +v V. NO. 2010-3054 CIVIL TERM _ CIVIL ACTION - LAW M ', 7% FRED MCGILLVRAY, i--- Defendant IN DIVORCE < u1 r' .fi- C-j _ CD MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 'u Gtti 2012, by and between Fred McGillvray, (HUSBAND) and Christine McGillvray, (WIFE6 WITNESSETH: WHEREAS, the parties were married on January 26, 1975, in Bloserville, Pennsylvania. WHEREAS, HUSBAND and WIFE are the parents of three adult children. t-b ?.1 r7l C-) 4.s WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of the HUSBAND and WIFE to live separate and apart, 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 in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, 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, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither parry shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the.peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further 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 full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of 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 such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. 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. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the distribution date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim 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 interest, 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widows or widowers rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouses will; or the right to treat a lifetime conveyance by the other as a 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 parry may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this agreement and the legal effect have been fully explained to the parties by the respective counsel, Marylou Matas, Esquire, counsel for WIFE and Michelle Sommer, Esquire, counsel for HUSBAND. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respect financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, asset, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have 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 from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. REAL PROPERTY: The parties are the joint owners of real property located atl22 Buttermilk Road, Newville, Cumberland County, Pennsylvania (the "property"). There are outstanding mortgage(s)/note(s)/lien(s)/judgment(s) due on this property, primarily due and owing to AgChoice Farm Credit. Currently, the outstanding obligations to AgChoice are a line of credit with an approximate balance due of $55,000 and a note with an approximate balance due of $417,000. In addition, HUSBAND owns and operates a dairy business from the property, and may have incurred other debts since the date of separation which are or will be recorded as liens against the real'estate. HUSBAND intends to retain the property as his sole and separate property free of all claim of right, title, or interest of WIFE. From the date of separation forward, HUSBAND shall maintain responsibility for all mortgages/notes/judgments/liens due and owing for this property and for the business associated with this property and shall make payment to the creditors on a consistent basis, as required. HUSBAND shall maintain responsibility for all taxes, insurance and utilities, as well, from the date of separation forward, for this property and for the business associated with the property. HUSBAND shall transfer all utility accounts into his individual name within ten (10) days of the execution of this Agreement. HUSBAND shall indemnify WIFE and hold her harmless from all collection activity whatsoever related to the property and the debt associated with it. For her interest in the property, WIFE or WIFE's estate shall receive the sum of TWO HUNDRED NINETY-SIX THOUSAND SEVENTEEN DOLLARS AND 00/100 ($296,017.00). HUSBAND shall make the payment to WIFE in the following installments: a. WIFE has received a payment of $6,017 on or about April 10, 2012; WIFE shall receive NINETY THOUSAND DOLLARS AND 00/100 ($90,000) upon the sale of the real estate located at 265 West Ridge Street, Carlisle, PA; Settlement is anticipated to occur no later than May 15, 2012. In the event the property does not close when scheduled, HUSBAND shall commence monthly payments to WIFE in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) DOLLARS and 00/100 per month, beginning June 5, 2012 and continuing every month thereafter until either the property at 265 West Ridge Street, Carlisle, PA sells or until the $90,000 is paid in full to WIFE. In the event the property is sold while HUSBAND is making payments to WIFE, the payments HUSBAND has made shall be deducted from the remaining balance due at settlement. HUSBAND's monthly payments to WIFE shall not be considered alimony but are equitable reimbursement. HUSBAND's monthly payments shall be paid to WIFE on the fifth day of each month to her home address. HUSBAND's mother owns the real estate at 265 West Ridge Street, Carlisle, PA and has listed the property for sale, as referenced above. b. WIFE shall receive $100,000 at the five year anniversary of execution of this Agreement, with interest at the rate of 10% per annum if not paid by the 5 year anniversary (to begin interest at 5years 1 day); c. WIFE shall receive the final $100,000 payment upon the ten year anniversary of the execution of this Agreement with interest at the rate of 10% per annum if not paid by the 10 year anniversary (to begin interest at 10 years 1 day). In the event HUSBAND fails to make any of the above listed installment payments when due, or in the event that HUSBAND fails to make two consecutive mortgage/note payments due and owing to the creditor prior to any refinancing or assumption of the loans to remove WIFE's name as a responsible party, WIFE shall have the immediate right to list the property located at 122 Buttermilk Road, Newville, Cumberland County, Pennsylvania for sale with a realtor/bank/third party of her choosing. WIFE shall be responsible for all aspects of sale, including determining the appropriate sale price, reducing the sale price if appropriate and signing a list and sales agreement. From the proceeds, all reasonable settlement costs and outstanding mortgages referenced herein due to AgChoice shall be paid. WIFE or WIFE's estate shall be reimbursed her outstanding payment due from paragraphs 11(a) through (d). In addition, if WIFE has contributed to the maintenance or payment of the property in anticipation of sale, WIFE shall be reimbursed those costs. Remaining proceeds shall be distributed to HUSBAND or HUSBAND's estate. HUSBAND shall make all attempts to remove WIFE's name as a responsible party on all loans/notes/mortgages/lines of credit and debts associated with the real property and business pending the 10 year anniversary payment referenced in 11(d) herein. HUSBAND shall cooperate with AgChoice to file all such documents as they request in a timely manner regarding the operation of the business and the plan to repay the loans. If there is an opportunity to remove WIFE's name from all or any of the loans, HUSBAND shall take such opportunity when it first presents itself. In the event HUSBAND fails to make two consecutive mortgage/lien/judgment payments, WIFE shall have the right to transfer the property to her name individually. In that event, WIFE shall have the option to sell or maintain the property as she chooses. In the event WIFE chooses to list the property for sale, she will list it at fair market value and WIFE or WIFE's estate shall receive from settlement all amounts due to her under this Agreement, after payment of the mortgage and reasonable settlement costs. WIFE shall be reimbursed any costs she added to the property to maintain it pending sale or refinance. The remaining proceeds shall be transferred to HUSBAND or his estate. WIFE will sign a Deed transferring all right, title, and interest in the property to HUSBAND. The Deed shall be held in escrow by WIFE's counsel and shall only be released for recording upon HUSBAND's successful refinance of the property or other removal of her name as a responsible party on all of the loans. Pending HUSBAND's refinance of the mortgage/notes, and the final installment payments, HUSBAND shall not do anything which shall restrict WIFE's access to information with regard to the mortgage and notes. If requested HUSBAND shall sign documents necessary to authorize the financial institution(s) to release information to WIFE regarding HUSBAND's payment history on the above listed mortgage(s) and note(s) for which she is listed as a responsible party. HUSBAND shall sign those documents within 10 days of being requested to do so. 12. PERSONAL PROPERTY: Except as otherwise specified in this Agreement, the parties have divided between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. 13. MOTOR VEHICLES: Commencing on the date of execution of this Agreement, WIFE shall retain possession of, as her separate property, the 2005 Nissan Murano, currently titled in WIFE's name. HUSBAND shall retain possession of, as his sole and separate property, the Dodge pickup truck, the 1997 Corvette, which has been sold by HUSBAND since the date of separation, and all vehicles used for his business, currently titled in HUSBAND's name. Except as otherwise provided for in this Agreement, from the date of separation, the party having use and possession of an automobile shall be solely responsible for all expenses associated with the automobile, including, but not limited to, any sales or other taxes relating to the transfer, insurance, maintenance, gasoline, and liens and/or loans and shall indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them. The parties agree to execute any and all documents necessary to give effect to this provision within seven (7) days of a request by the other. 14. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names which have been divided between them to their mutual satisfaction. 15. PENSIONS ANNUITIES AND/OR RETIREMENT BENEFITS: Each party has individual retirement accounts (IRAs) held by various financial institutions. WIFE shall retain ownership of her IRAs as her sole and separate property. HUSBAND waives all right, title and interest in and to said account. HUSBAND shall retain ownership of his IRAs as his sole and separate property. WIFE waives all right, title and interest in and to said account. 16. STOCKS AND BONDS AND INVESTMENT ACCOUNTS: Neither party has any interest in any stock, bond or investment account. 17. DEBTS: The parties have accumulated debt during their marriage in both their individual and joint names. HUSBAND shall be responsible for the M&T line of credit, with a current approximately balance of $4,960, and shall make all monthly payments as they are due. HUSBAND shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments as prescribed herein. HUSBAND shall immediately close the line of credit and shall take no further action to increase the debt limit so as to further obligate himself or WIFE to further debt with this creditor in the-parties' names jointly. In addition, HUSBAND shall be responsible for and shall fully assume the balances on any and all debts that are currently in his name alone. HUSBAND shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments as prescribed herein. WIFE shall maintain responsibility for their daughter's AES student loan Parent Plus debt, and shall make all such monthly payments as they are due. WIFE shall be responsible for and shall fully assume the balances on any and all debts that are currently in her name alone. WIFE shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments as prescribed herein. A liability not specifically disclosed in this Agreement will be the sole responsibility of the parry who has incurred or may hereafter incur it, and each agrees to pay it as the same become(s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the 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 not use any credit card or other debt instrument for which the parties have joint liability or any potential liability. The parties agree to cooperate in closing any accounts which provide for joint liability. WIFE agrees that she shall not contract or incur any debt or liability for which HUSBAND or his property or estate might be responsible and shall indemnify and save HUSBAND harmless from any and all claims or demands made against HUSBAND by reason of debts or obligations incurred by WIFE. HUSBAND agrees that he shall not contract or incur any debt or liability for which WIFE or her property or estate might be responsible and shall indemnify and save WIFE harmless from any and all claims or demands made against WIFE by reason of debts or obligations incurred by HUSBAND. 18. LIFE INSURANCE: HUSBAND shall maintain a life insurance policy, naming WIFE as the beneficiary, in the amount of $300,000 as of the date of execution of this Agreement. HUSBAND may decrease the death benefit as each interim payment is made, as referenced in paragraph 11. Therefore, upon the second installment payment, HUSBAND may decrease death benefit, and so on. HUSBAND shall provide proof of the policy, premium payments, and proof of beneficiary. Each party waives any right, title and interest they may have in the life insurance of the other party. In the event that either party owns life insurance, they may continue to own such policies and may change beneficiaries. 19. HEALTH INSURANCE: At the signing of execution of this Agreement, each party currently provides individual health insurance coverage for themselves. From the date of execution of this Agreement, each party shall be responsible for their own individual unreimbursed medical expenses. 20. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 21. AFTER-ACQUIRED PROPERTY: Each of the parties shall 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 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. 22. INCOME TAX: The parties have heretofore filed joint Federal, State and/or local income tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penaltywor expense shall be paid solely and entirely by the individual who is finally determined to be-the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event the deficiency is the result of an oversight, error or mistake, the parties agree that any resulting tax, interest, penalty or expense shall be shared equally by the parties. 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the Act) specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 24. BILL OF SALE: This Agreement shall constitute a sufficient bill of sale to evidence the transfer of property between the parties as stated herein. 25. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 26. BREACH: If either party breaches any provision of this Agreement, 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, and 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. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 28. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 31. VOID CLAUSES: 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 this Agreement shall be valid and continue in full force, effect and operation. 32. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 33. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other parry in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his -or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 34. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 35. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 36. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. kJ A//?' It Witness Christine McGillvray Fred McGillvray COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF r[aPj On this, the6kiday of jj/ , 2012, before me a Notary Public, personally appeared Christine McGillvray, known to e to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my nd f ial 1. w L0 WEALTH OF pENNSYLVa?w? NOMW seep Tam* L. Peters, Howy Pubk ry Public Csrw Bo% oxww w C=! my canmie m Bow Sept' 9, 2015 MEMsea. aEnhm vaaIA ass - TION of WTMM COMMONWEALTH OF PENNSYLVANIA SS. ?`A? J COUNTY OF On this, o?- 7 Id, day of , 2012, before me a Notary Public, personally appeared Fred McGillvray, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. S CY ??, ) - Notary Public COONWFALTH OF PENNSYLVANIA NOT R SEAL Deborah L Ryan, Notary Public Carlisle Borough, Cumberland County M commission ex fires June 11, 2014 ABOM C& ' - &UTLILAKIS Michelle L. Sommer, Esquire Attorney LD. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 CHRISTINE McGILLVRAY, Plaintiff V. FRED McGILLVRAY, C') tv na 1..... s - tif Cn r ^y`j *' , C > f.J1 ) D? IN THE COURT OF COMMON PLaS CUMBERLAND COUNTY, PA NO. 10-3054 CIVIL ACTION - LAW Defendant : IN DIVORCE 1. A Complaint in divorce under §§ 3301(c) and 3301(d) of the Divorce Code was filed on May 10, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: 5 a? I a• CHRISTIN E McGIL VRAY, Plaintif OM & 20M &U ,,AB Michelle L. Sommer, Esquire Attorney LD. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 CHRISTINE McGILLVRAY, Plaintiff V. MG0 -12 r-- C1? ..,-r - Cn + ~-, C IN THE COURT OF COMMON PEf?S a =} CUMBERLAND COUNTY, PA c w -°' - ?a rv NO. 10-3054 J FRED McGILLVRAY, CIVIL ACTION -LAW Defendant IN DIVORCE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. I a.- bah ?A' Vm kAAAA ? u Date: 5b CHRISTINE McGIL VRAY, Plaintif OM & &UTULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 CHRISTINE McGILLVRAY, Plaintiff v. . .rn C?r T OF COMMON PLkA IN THE COUR i N) CUMBERLAND COUNTY, PA NO. 10-3054 FRED McGILLVRAY, CIVIL ACTION -LAW Defendant IN DIVORCE 1. A Complaint in divorce under §§ 3301(c) and 3301(d) of the Divorce Code was filed on May 10, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: 'j1.2 .21Z,0/4 /"'? Pd C FRED McGILLVRAY, Def t OM & UTULAKIS Michelle L. Sommer, Esquire Attorney LD. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 CHRISTINE McGILLVRAY, Plaintiff V. FRED McGILLVRAY, Defendant ?m Sa' a Ti- ` -C C:) C -9 u ... IN THE COURT OF COMMON PL?Ek ` CUMBERLAND COUNTY, PA --c tv - : NO. 10-3054 CIVIL ACTION -LAW IN DIVORCE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: FRED McGILLVRAY, Defe CHRISTINE MCGILLVRAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYL\@N IC V. NO. 2010-3054 CIVIL TERM VIM v CIVIL ACTION - LAW' FRED MCGILLVRAY, -t , ?C, Defendant IN DIVORCE ?c ? ° 3> c-, -: PRAECIPE TO TRANSMIT RECORD W To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: Divorce Code. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the 2. Date and manner of service of the Complaint: dated May 10, 2010, and accepted service of the Complaint on May 13, 2010, via certified restricted mail. Proof of service was filed with the Court on June 1, 2010. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: By Plaintiff: May 2, 2012, and filed with the Prothonotary on May 15, 2012. By Defendant: April 27, 2012, and filed with the Prothonotary on May 15, 2012. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated May 2, 2012. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: May 2, 2012, and filed with the Prothonotary on May 15, 2012. By Defendant: April 27, 2012, and filed with the Prothonotary on May 15, 2012. Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Date: 0 - 44AL Marylou("tas, Esgtri?'e Suprem ourt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Christine McGillvray IN THE COURT OF COMMON PLEAS OF CHRISTINE MCGILLVRAY CUMBERLAND COUNTY, PENNSYLVANIA V. FRED MCGILLVRAY NO. 2010-3054 DIVORCE DECREE /yl 3 M -) 01,//'os4.6* . AND NOW, it is ordered and decreed that CHRISTINE MCGILLVRAY plaintiff, and FRED MCGILLVRAY , 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.") A Marital Settlement Agreement is incorporated into but not merged with the Divorce Decree. By t , Attest: J. Prothonotary ?' r cop IVs rn.-a i LU m. mv4cis J)4Imo/ oz. SIom n vt-