Loading...
HomeMy WebLinkAbout01-1609DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA A. KENNEDY Plaintiff ALAN E. KENNEDY Defendant : CIVIL ACTION - LAW : DIVORCE 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL 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. CUMBERLJ~ND COUNTy BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERIJ~ND COUNTY, PENNSYLVANIA LISA A. KEI~NEDY Plaintiff ALA/~ E. KENNEDY Defendant : CIVIL ACTION - LAW : DIVORCE DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Plaintiff, LISA A. KENNEDY, by her attorney, DIAA~E G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the followJ is a statement: The Plaintiff is LISA A. KENNEDY, an adult individual residing at 749 Old Silver Springs Road, Mechanicsburg, Cumberland County, Pennsylvania. The Defendant is Alan E· Kennedy, an adult individual residing at 19 Rife Drive, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) filing of this Complaint. Plaintiff and Defendant were married Sheperdstown, Pennsylvania. There have been no prior actions of between the parties. months previous to the on March 27, 1995 at divorce or annulment DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. The Defendant is not a member of the Armed Services of the United States or any of its Allies. The Plaintiff avers that the grounds on which the action is based are: That the marriage is irretrievably broken; Or in the alternative, That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. Or in the alternative, That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. W-~EREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. 10. COD-NT II: ~OUITABL~ DI~TRIBUTIo~j Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from March 27, 1995 until the date of separation, all of which is "marital -3- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 property,,. 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property,, which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property,,. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. W~EREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. 13. ~OUNT III: ALIMONy PENDENTE LITE, ALIMONy Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length. 14. Plaintiff lacks reasonable means appropriate employment. 15. Plaintiff requires reasonable herself in accordance with the during the marriage. sufficient property to provide for her and is unable to support herself through support to adequately maintain standard of living established WT{EREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV: COUNSEL FE~S 16. Paragraphs 1 through 15 are incorporated by reference hereto -4- 17. 18. as fully as though the same were set forth at length. Plaintiff has employed Diane G. Radcliff, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. The Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. W~EREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order su( additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 -5- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 VERIFICATION I verify that the statements made and correct. I understands that false subject to the penalties of 18 Pa.C.S. unsworn falsification to authorities. in this Complaint are true statements herein are made Section 4904, relating to -6- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 LISA A. <ENNEDY, ALAN E. KENNEDY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-1609 CIVIL TERM CIVIL AC'I'ION - LAW IN DIVORCE CERT~'FTCATE OF SERVTCE I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, ALAN E. KENNEDY, by Certified Mail, Restricted Delivery on the 26m day of l~larch, 2001. The return receipt: is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, Postage Certified Fee Retu n Receipt Fee · Complete items 1, 2, and 3. Atso complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you, · Attach this card to the back of the mai[piece, or on the front if apace permits, ~, Rsceived by (please print Cleady) Date of De~ive~ D. I~; deliver/address diffe~snt from 1. Article Addressed to: ii' YES, enter delivery address] [] No ~ PS Form 3811, July 1999 Domestic Raurn R~eipt DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 -2- ~ennedy v. Kennedy Consent Forms 8.6.01 LISA A. KENNEDY, Plaintiff ALAN E. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1609 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSEN'I'i A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 20, 2001. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of lhe 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 16 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .Kennedy v. Kennedy Consent Forms 8,6.01 LISA A. KENNEDY, Plaintiff ALAN E. KENNEDY, De~ndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1609 (,-,IVIL TERM : CIVIL ACTION ~ LAW 'IN DIVORCE WAIVER OF NOTICE OF INTENTION 'TO REQUEST ENTRY OF A DIVORCE DECREE! UNDEF~ SECTION 3301(c) OF THE DIVORCE CODI- I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. 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. Dated: 'Kennedy v. Kennedy Consent Forms 8.6.01 LISA A. KENNEDY, Plaintiff ALAN E. KENNEDY, Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1609 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 20, 2001. The mardage 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. Section 4904 relating to unsworn falsification to authorities. ALAN E. KENNEDY · Kennedy v. Kennedy Consent Forms 8.6.01 LISA A. KENNEDY, Plaintiff ALAN E. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1609 CIVIL TERM : : CIVIL ACTION - LAW · IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST F~,~;~4~CE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODF I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted· I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. Dated:. ~(~--/~-~) / I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. ALAN E. KENNEDY LISA A. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLA/qD COUNTY, PENNSYLVANIA : : NO. 01-1609 CIVIL TERM : ~LAN E. KENNEDY, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATION OF SOCIAL SECURITY 19-u-MBERS In accordance with the Rules of Civil Procedure, I, Diane G. Radcliff, Esquire, Attorney for the Plaintiff, hereby certify that the social security nun~bers of the parties are as follows: Plaintiff: 205-54-3678 Defendant: 163-60-3511 Respectfully submitted, Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 7374)100 LISA A. KENNEDY, Plaintiff ALAN E. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1609 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE To the Prothonotary: 5o PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: under Section 3301(d) (1) (i) a. Date of Service: N/A b. Manner of Service: N/A Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. Date of filing and manner of service of the complaint: a. Date of filing of Complaint: 3/20/01 b. Manner of service of Complaint: Certified Mail Restricted Delivery c. Date of Service of Complaint: 3/26/01 Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: a. Plaintiff: 8/8/01 b. Defendant: 8/15/01 Date of execution of the Plaintiff,s affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff,s 3301 (d) affidavit upon the Defendant: a. Date of execution: N/A b. Date of filing: N/A c. Date of service: N/A Related claims pending: No issues are pending. Ail issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated June 1, 2001 which Agreement is to be incorporated into but not merged with the Divorce Decree. Date and manner of service of the Notice of Intention to file Praeclpe to Transmit Record, a copy of which is attached, if the decree is to be entered of the Divorce Code: O_~R Date Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: a. Plaintiff,s Waiver: 8/14/01 b. Defendant's Waiver: 8/20/01 Supreme Court ID # 32112 Phone: (717) 737-0100 A~HEEMENT THIS AGREEMENT, made this ] day of ~~ , 2001 by and between ALAN E. KENNEDY of Cumberland County, Pennsylvania (hereinafter referred to as HUSBAND}, and LISA A. KENNEDY of Cumberland County , Pennsylvania (hereinafter referred to as WIFE), WHEREAS, HUSBAND and WIPE were lawfully married on March 27, 1995 in Sheperstown, Pennsylvania, and; WHEREAS, one child born of this marriage, to wit: Kristine, born August 4, 1996 WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, and alimony; and or ~intenance of the child; the implementation of custody and visitation arrangements for the minor child of the parties; and in general, the settling of any and all claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration the premises and of the mutual promises, covenants and undertakings hereinafter set forth hereby acknowledged by each HUSBA/TD, each intending to be agree as follows: of the parties hereto, WIFE and legally bound, hereby covenant and 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time chose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the 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 their peaceful existence, separate and apart and they agree that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party.. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to docket number 01-1609 claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. HUSBAITD hereby expresses his agreement that the marriage is irretrievably broken and expresses her/his intent to execute any and all affidavits or other 2 documents necessary for the parties to obtain an absolute divorce pursuant to Section (c) of the Divorce Code at the earliest appropriate date. 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 final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall be not affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any terms of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference but not merged into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. DATE OF EXECUTION: The "date of execution,, or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise the "date of execution,, or "execution date" of this agreement shall be defined as the date of execution by the party last executing this agreement. 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date,, which shall be defined as specified herein. 6. M~TuAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situation, which he or she now has or at any time hereafter ~y have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower,s rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse,s will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse,s estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and 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 to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may 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. 7. ~tDVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by JUDITH A. CALKIN, ESQUIRE, counsel for HUSBAND and DIANE G. RADCLIFF, ESQUIRE, counsel for WIFE. HUSBAND and WIFE accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the 5 result of agreements. made to the other a estate, liabilities, specific enumeration any collusion or improper or illegal agreement or The parties further acknowledge that they have each full accounting of their respective assets, and sources of income and that they waive any thereof for the purpose of this Agreement. Each party agrees that he and she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding, involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 8. 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 for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTUP~E OBLIGATIONS: WIFE and HUSBAND each 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 for 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 6 for by the terms of this Agreement. 10. PERSONAL PROPERTY: The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any other such items of marital property, or to the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. HUSBAND and WIFE shall be deemed to be solely and individually in the possession, control and ownership of any pension or other employee benefit plans or other employee benefits of any nature to which either party ~y have a vested or contingent right or interest, apart from the provisions of the Divorce Code, at the time of the signing of this Agreement. 11. MOTOR VEHICLES: The parties agree that HUSBAND and WIFE shall become the sole and exclusive owner of any motor vehicle in their possession. 12. REAL ESTATE: HUSBAND owned a home located at 19 Rife 7 Drive, Mechanicsburg, Pennsylvania before the marriage. HUSBAND and his father were gifted two (2} lots numbered lots 89 and 90 in Penneboro Manor, Wormleysburg, Pennsylvania by HUSBAND'S aunt during the raarriage. None of this real estate has ever been titled jointly to WIFE nor is she obligated on any of the encumbrances on said property. WIFE agrees to waive all her right title and interest in said properties that she may have acquired as a result of the marriage to HUSBAND. WIFE agrees to execute any appropriate deeds at the same time as she executes this agreement. In consideration for said waiver, HUSBAND agrees to pay WIFE the sum of Five Thousand Seven Hundred Twenty ($5720.00) Dollars at the same time that he signs this Agreement. 13. LAWNMAINTENANCE BUSINESS: HUSBAND has begun a lawn maintenance business. WIFE waives any interest she may have in this business, including, but not limited to, any business equipment. HUSBAND will be solely liable for all costs and expenses associated with the business. 14. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 15. 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 8 and applicability of the Deficit Reduction Act of 1984 (herein in "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 16. WAIVER OF ALIMONY PENDENTE LITE AND LEC4tL FEES: Each party hereby waives any right to alimony pendente lite. The parties agree to be responsible for their own attorney,s fees. 17. FULL DISCLOSUI~E: Each party asserts that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each of parties, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 18. WAIVER 0F ALIMONY: The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life to which they are accustomed. WIFE and HUSBAND do hereby waive, release 9 and give up any rights they may respectively have against the other for alimony, spousal support or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 20. INCO~ TAX PRIOR RETIIR/~S: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, against either of them, other from and against deficiency incurred in or any assessment of any such tax is made each will indemnify and hold harmless the any loss or liability for any such tax or assessment and any interest, penalty and expense connection therewith. Such tax, interest, penalty or 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. 21. CHILD SUPPORT: HUSBAND and WIFE agree the child support and day care contribution for the parties minor child by HUSBAND will be $500.00 per month effective June 1, 2001. The parties agree to modify the existing child support order through the Office of Domestic Relations of Cumberland County, Pennsylvania at PACSES # 144103141 to reflect the $500.00 per month. The parties further agree that all arrearages as of May 28, 2001, will be eliminated and that the wage attachment will be lifted so that HUSBAND can make payment directly to PACSES on a twice monthly 10 basis. 22. LIFE INSURANCE: WIFE is entitled to purchase a twenty (20) year term life insurance policy on her HUSBAND. WIFE will be the owner of said policy and will pay all premiums on said policy. HUSBAND will cooperate in a physical examination or any other requirements necessary to purchase said policy. If WIFE is found to have an uninsurable interest, HUSBAND will purchase said policy with WIFE to be entitled to name the beneficiary and WIFE will pay all premiums on said policy. 23. CUSTODY: Custody has been established by the Court of Common Pleas of Cumberland County, Pennsylvania at #01-1861. 24. WAIVER OR MODIFICATION TO BE IN WRITINO: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 25. MD~TUAL COOPERATION: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 26. APPLICABLE LAW: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 27. A~REEMENTBINDiNO ON HEIRS: This Agreement shall be 11 binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 29. OT~ER DOCUMENTATION: WIFE and HUSBAND covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 30. NO WAIVER ON DEPAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 31. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, 12 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. Likewise, the failure of any party to meet her or his obligation under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 32. BI~EACH: If either party breaches any provisions 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. 33. HEADINGS NOT PART OF AGREEMENT: Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have hands and seals this day and year first above written. set their Alan .E. Kennedy 13 COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF DAUPHIN : SS. On this the 1st day of June, 2001, before me the undersigned officer, personally appeared Alan E. Kennedy sworn to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purpose IN WITNESS WHEREOF, I notarial seal. therein contained. have hereunto set my NOTARIAL SEAL ELLEN ROSENBLOOM, Notary Public City of Harrisburg, Dauphin County MyComrnission E-xnres Ma 8 20 ...... r ,¥, hand and Notary Public "~- COMMONWEALTH OF PENNSYLVANIA: : SS. On this the 1st day of June, 2001, before me the undersigned officer, personally appeared Lisa A. Kennedy sworn to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, NOTARIAL SEAL ELLEN ROSENBLOOM, Notary Publk: Cl~ of Harrisburg, Dauphin County L..~y~ommission Ex res Ma 8 ..... ~,o_~._~ x ~ y 2003 I haveunto set my hand and notarial seal. Notary Public IN The COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATe Of LISA A. KENNEDY, VERSUS Defendant DECREE 1N DIVORCE AND NOW, DECREED THAT T,TSA AND ALAN E. KEkTNEDY ARE DIVORCED FROM THE BONDS OF MATRIMONY. PENNA. N o. _m~JJ~M __, PLAINTIFF, , DEFENDANT, 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; No issues are outstanding. All issues have been resolved and settled by the parties' Marital Agreement dated June 1, 2001, filed of record BY THI ATTEST: PROTHONOTARY