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HomeMy WebLinkAbout01-1147MICHELE E. iMCLOUGHLIN Plaintiff PATRICK M. MCLOUGHLIN, II, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001- j[~ CIVIL TERM : CIVIL ACTION - LAW : 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. Ajudgment 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE SNELBAKER, BRENNEMAN & SPARE, P.C. Attorneys for Plaintiff LAW OFFICg$ ~NELBAKER, ~RENNEMAN M1CHELE E. MCLOUGHLIN Plaintiff V. PATRICK M. MCLOUGHLIN, II, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001- I1',/7 CIVILTERM : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT 1. Plaintiff Michele E. McLoughlin is an adult individual residing at 55 l 7 Partridge Court, Harrisburg, Dauphin County, Pennsylvania 17111. 2. Defendant Patrick M. McLoughlin, II is an adult individual residing at 31 E. Lisbum Road, Bowmansdale, Cumberland County, Pennsylvania 17008. 3. Both Plaintiffand Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on April 18, 1997 in Williamsburg, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The iPlaintiff requests this Court to enter a decree ofdivoi'ce. WHERtCFORE, PlaintiffMichele E. McLoughlin requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony and to order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. Date: February 27, 2001 Keith O, Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for PlaintiffMichele E. McLoughlin LAW OFFICES -2- VERIFICATION I verify that the statements made in the foregoing Complaint are tree m~d correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. /Michele E. McLougl~in Date: February 27, 2001 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE MICHELE E. MCLOUGHLIN Plaintiff PATRICK M. MCLOUGHLIN, I1, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001- t'/'/'7 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT MICHELE E. MCLOUGHLIN being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in cotmseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. LAW OFFICES Date: February 27, 2001 Michele E. McLo[t~hlin (Plaintiff) MICHELE E. MCLOUGHL1N, Plaintiff PATRICK M. MCLOUGHLIN, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-1147 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Keith O. Brermeman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for Michele E. McLoughlin, Plaintiff in the above captioned action in divorce; that on February 28, 200l, he did send to Defendant Patrick M. McLoughlin, II by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7099 3220 0010 0611 4445; that both the Complaint and cover letter were duly received by Patrick M. McLoughlin, II, the Defendant herein, as evidenced by the return receipt card for said certified mail dated Mamh 2, 2001; that a copy of the aforementioned cover letter dated February 28, 2001 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing ihcts are true and correct to the best of his knowledge, information and belief. Keith O. Brenneman Swom to and subscribed before me this 6th day of March, 2001. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE SNELBAKER.. BR. ENNEMAN ~ 5PAR.E MECHANICSBURG, PENNSYLVANIA 17055 February 28,2001 Patrick M. McLoughlin, II 31 E. Lisbum Road Bowmansdale, PA 17008 Re: McLoughlin v. McLoughlin No. 2001-1147, C.C.P., Cumberland County, Pennsylvania Dear Mr. McLoughlin: Enclosed please find a certified copy of a Divorce Complaint that was filed this date in the Court of Common Pleas of Cumberland County, Pennsylvania. Yours truly, KOB/sz Enclosure CC: Michele E. McLoughlin (w/enclosure) Keith O. Brenneman Via certified mail, restricted delivery, return receipt requested, parcel No. 7099 3220 0010 0611 4445 EXHIBIT A Patrick ~. McLoughlin. Certified Fee i . 9 0 Relum Receipt Fee (Erld~mement Required) I . 5 0 Res~ Delivew Fee Name {Please Print Clearly) (To be completed by melle~. ...... .h..[ . Stree$ Apt. No,; or PO Box No. 31 E. Lisburn Road 'Ei&';;;~'~i~;:; .................................................... a . aWO lll/i il LAW OFFICES SNeLBAKER, BRENnEMAN & SPARE · C<~mplete iterfls 1, 2, and 3. Also complete #em 4 if Restricted Delivery is desired. · I~rint your na~me and address on the reverse an that we can return the card to you. · Attach this card to the back of the mailpiane, or on the fl'ont if space permits. 1. ~cle Addressed to: If YES, enter deliveG e. Date of~ nl? Dyes below: [] No Patrick M. McLoughlin, II 31 E. Lisburn Road Bowmansdale, PA 17008 2. Article Number (Copy from service label) 709~ 3~20 {7010 0611 444R PS Forte 3811, July 1999 Domestic Return Receipt + 102595-00-M-0952 EXHIBIT B MICHELE E. MCLOUGHLIN, Plaintiff PATRICK M. MCLOUGHL1N, II, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-1147 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 28, 2001 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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: June 12, 2001 Michele E. McLough~rfi (Plaintiff) LAW OFFICES SNELBAKER, BRENNEMAN & SPARE MICHELE E. MCLOUGHLIN, Plaintiff PATRICK M. MCLOUGHLIN, II, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-1147 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 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. 4. 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: June 12, 2001 E. McLoughffn (Plaintiff) LAW OFFICES SNELBAKER. BRENNEMAN & SPAre MICHELE E. McLOUGHLIN, Plaintiff V. PATRICK M. McLOUGHLIN, II, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1147 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT & WAIVER OF COUNSELING 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 28, 2001. 2. The marriage of Plaintiffand 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 in divorce afier service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that 1 received a copy of the Complaint in Divorce on or about I verify that the statements made in this Affidavit are trne and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: MICHELE E. McLOUGHLIN, Plaintiff PATRICK M. McLOUGHLIN, II, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-1147 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301{c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~/~-/tg[ ~'~-~~ PATRICK M. McLO~J..G~-tLIN, II POST-NUPTIAL AGREEMENT THIS AGREEMENT, made and entered into this I bw~ day of ~¢¢.~k by and between: MICHELE E. MCLOUGHLIN, of 5517 Partridge Court, Harrisburg, PennsylYania, party of the first part, (hereinafter "Wife") AND PATRICK M. MCLOUGHLIN, II, of 31 E. Lisburn Road, Bowmansdale, Pennsylvania, party of the second part, (hereinafter "Husband") ,2001 SNELBAKER. BRENNEMAN & SPARE WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on April 18, 1997 in Williamsburg, Virginia; and WHEREAS, the parties last resided with each other at 31 E. Lisburn Road, Bowmansdale, Pexmsylvania; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREASj the parties separated on February 10, 200 I; and WHEREAS, the parties have no children of their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they are separated and live apart from each other; and SNELBAKER. BRENNEMAN SPARE WHEREAS, Wife initiated an action in divorce docketed to No. 2001-1147 in the Court of Common Pleas of Cumberland County, Pennsylvania (h~reinafter the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have either obtained such advice and representation or have voluntarily chosen not to do so; and; WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by refdrence herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble or interfere in any way with the other or with any person for associating with the other. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 3. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property, furnishings and furniture. All assets and property possessed by each party as a result of this final division and distribution shall be owned and possessed free of any right or claim of the other, it being understood that each party may own, possess, use and dispose of freely any property in his or her possession. The parties acknowledge and agree that the division and distribution of property as set forth above has occurred whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are fully aware and familiar with all assets and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with. the division that occurred prior to the execution of this Agreement and possessed as a result of this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. MOTOR VEHICLES. The parties agree that Wife shall have sole possession, use and ownership of a 19!)7 Acura Integra titled in both parties' names and that Husband shall have sole possession, use and ownership ora 1999 Izuzu Rodeo titled in both parties' names. The parties acknowledge that both vehicles are subject to purchase loans for which both parties are LAW OFFICES SNELBAKER. BRENNEMAN & SPARE responsible. Wife agrees to refinance the loan on the Integra in her own name and Husband · agrees to refinance the loan on the Rodeo in his own name within forty-five (45) days of the ddte of this Agreement. Within fourteen (14) days of refinancing of both loans, the parties agree to sign any and all documents necessary to transfer their title and interest in the vehicles identified above to the other:, to accomplish sole ownership as noted above. Until such time as refinancing of the loans is completed, Wife shall be solely responsible for timely paying the loan on the Integra and Husband shall be solely responsible for timely paying the loan on the Rodeo. Each agree to hold harmless and indemnify the other of and from any and ali liability, costs and expenses related to the loan he or she is paying. Each agrees to maintain insurance on the vehicle in his or her possession until both refinancing of the loans is completed and title is transferred. 5. HOUSE AND PROPERTY AT 31 E. LISBURN ROAD, BOWMANSDALE. Husband and Wife acknowledge that Husband is the owner of certain real estate improved with a residential dwelling located at 31 E. Lisbum Road, Bowmansdale (hereinafter the "Premises"), which Premises is subject to a mortgage in Husband's name alone. The parties agree that Husband shall have exclusive possession and ownership of the Premises. Wife waives any and all right she may have in the Premises, and hereby transfers and conveys to Husband any claim, right or interest in said Premises to Husband, including, but not limited to, any right in the equity in said Premises. Husband agrees that he shall be solely liable and responsible for all expenses and utilities servicing the Premises including, but not limited to electric, mortgage payment, telephone, cable television, sewer and trash, hazard insurance, real estate taxes and assessments. Husband agrees that all utilities provided to the Premises as well as mobile or cellular telephone service shall be -4- LAW SNELBAKER, BRENNEMAN placed in his name alone by the time this Agreement is executed by the parties. 6. BANK ACCOUNTS AND MONEY MARKET ACCOUNTS. The parties acknowledge and agree that they have equally divided a joint savings account, with each party receiving $2,563.00. Wife's name shall be removed from the parties' joint checking account after her direct deposit to that account is stopped. The parties acknowledge and agree that they have divided their joint money market account, with each party receiving $2,535.20. 7. RETIREMENT PLANS, PENSION, EMPLOYMENT BENEFITS AND IRAS. Each party hereby waives any claim to any IRA accounts and retirement, pension and/or employment benefit(s) of the other. The parties further acknowledge and agree that any and all IRA accounts and retirement, pension and employment benefits that each may have are owned and possessed by said party free and clear of any claim of the other and that each party is free to designate a beneficiary for such benefit(s) as he or she shall decide. 8. MUTUAL DEBT AND FUTURE OBLIGATIONS. The parties acknowledge that their only outstanding joint marital debt amounts to $844.28, representing the balance due on a Chase Gold Mastercard. The parties further acknowledge that the credit card has been cancelled and cannot be utilized. Each party agrees to pay $422.14 toward paying the debt on said credit card. Each party agi'ees to hold harmless and indemnify the other of and from any and all claims and liability due to his or her failure to pay the share of debt on the credit card noted above. The parties agree that any and all loans, debts and/or obligations incurred subsequent to the date of their separation shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any LAW OFFICES SNEL~AKER. obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from -~Lny and all liability arising from such future obligation. 9. SUPPORT. ALIMONY. ALIMONY PENDENTE LITE~ COUNSEL FEES. COST AND EXPENSES. Each party waives and relinquishes any claim or right to claim support, alimony, alimony pendente lite, counsel fees, cost and/or expenses from the other. I0. DIVORCE. The parties agree to terminate their marriage by mutual consent without counseling and each agrees to execute the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. 11. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and 'Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever dischazge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 12. SURVI~/AL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be -6- LAW OFFICES SNEL~AKER. BR£NNEMAN enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 13. COOPERATION. The p~rties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 14. BREACH: INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 15. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with -7- SNELBAKER. BRENNEMAN SPARE full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 16. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now' have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. · 17. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 18. ENFORCEMENT AND MODIFICATION. Either party may enforce this agreement as provided in Section 3105(a) of the Divorce Code. As provided in Section 3105(c), provisions of this agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 19. 2000 INCOME TAXES. The parties agree that they will file jointly state and federal personal income t~Lx returns for the year 2000 and share equally the cost of preparing said tax returns. Husband agrees to pay all taxes associated with his business. Any refund payable shall be divided equally between the parties. 20. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 2I. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 22. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals ~NELBAKER, ~RENNEMAN SPARE -9- intending to legaliy bind themselves and their respective heirs, personal representatives and. assigns. WITNESSED BY': ice e . cLoughlin Date: /-/--/~,-~/ 'Patrick ~/[. Mc,Lou~J/I Date: ~ 5":~/ SNELBAKER. BReNNEMAN & SPARE -10- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MICHELE E. MCLOUGHLIN, Plaintiff PATRICK M. MCLOUGHLIN, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-1147 : : CIVIL ACTION - LAW : IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on March 2, 2001 (see Affidavit of Service filed herein). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: June 12, 2001; by the Defendant: June 5, 2001. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: June 12, 2001; by the Defendant: June 5, 2001. 5. Related pending claims: None. Date: June 14, 2001 SNELBAKER, BRENNEMAN & SPARE, P. C. Attorneys for Plaintiff IN THE COURT Of COMMON PLEAS MICHELE E. OF CUMBERLAND COUNTY STATE OF PENNA. MCLOUGHLIN, Plaintiff NO. 2001-1147 CIVIL TERM VERSUS PATRICK M. MCLOUGHLIN, II, Defendant DECREE IN DIVORCE AND NOW, DECREED THAT AND MICHELE E. PATRICK M. , 2001 ,iTiS ORDERED AND MCLOUGHLIN ,PLAINTIFF, MCLOUGHLIN, II ~ DEFENDANT, ARE DIVORCED FROiVi THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL- ORDER HAS NOT YET BEEN ENTERED; None. The parties' Post-Nuptial Aqreement dated April 16, 2001 is incorporated but not merged into this Decree