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HomeMy WebLinkAbout05-0963 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. DS - 9t:3 C;o;{.. T~ : DIVORCE ACTION ANGEL S. KAY, PLAINTIFF JOSEPH R. LEE, JR., DEFENDANT NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at (717) 240-6195, Cumberland County Courthouse, One Courthouse Square, Carlisle, P A 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 ANGEL S. KAY, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. O~ -9"'3 C;u: L't-VL/ JOSEPH R. LEE. JR., DEFENDANT : DIVORCE ACTION COMPLAINT COUNT I DIVORCE UNDER SECTION 3301 (c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Angel S. Kay, is an adult individual who currently resides at 837 Acri Road, Mechanicsburg, PA 17055. 2. Defendant, Joseph R. Lee, Jr., is an adult individual who currently resides at 414 West Shady Lane, Enola, PA 17025 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 18, 1994, in Memphis, TN. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has 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. WHEREFORE, Plaintiff, Angel S. Kay, requests this Honorable Court to enter a decree of Divorce. COUNT II EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference Paragraphs 1 through 7 above. 9. Plaintiff and Defendant possess various items of both real and personal marital property, which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff, Angel S. Kay, requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNT III ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 10. Plainitff incorporates herein by reference Paragraphs 1 through 9 above. 11. Plaintiff requires support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff, Angel S. Kay, requests this Honorable Court to award her reasonable alimony pursuant to Section 3701 of the Divorce Code. Name Zoey Lee Garrett Lee wedlock. COUNT IV CUSTODY 12. Paragraphs 1 though 11 above are incorporated herein by reference. 13. Plaintiff seeks custody of the following children: Present Residence 837 Acri Road Mechanicsburg, PA 837 Acri Road Mechanicsburg, PA Aae 10 8 14. Zoey Lee was born out of wedlock. Garrett Lee was not born out of 15. The children are presently in the custody of Plaintiff who resides at the above referenced address. 16. During the past five (5) years, the children have resided with the following persons and at the following addresses: Plaintiff Parties Persons Addresses 837 Acri Road Mechanicsburg, PA Dates 2/05-present 837 Acri Road Mechanicsburg, PA Prior 5 years 17. The Mother of the children is the Plaintiff. She is currently married. 18. The Father of the children is the Defendant. He is currently married. 19. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with herself and the children at the above referenced address. 20. The relationship of the Defendant to the children is that of father. The defendant resides with himself at the above-referenced address. 21. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the children in this or another Court. 22. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of the Commonwealth or any other state. 23. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 24. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintifff has played an active and nurturing role in the development of the children and the continued relationship would be in the best interests of the children. 25. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. VERIFICATION I, Angel S. Kay, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Dated: WHEREFORE, Plaintiff, Angel S. Kay, reuests the Court to grant shared legal custody of the children, award her primary physical custody of the children and award Defendant periods of partial custody of the children. Respectfully sub q- By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 (J (,.; -IQ D - ~1l v~..a - -:-- \> \) e C> . '- \) g 8 \'" ~ 0- " , I -.0 U I -- "-l - F- ~ ~ {L ~ ~ -- --:t- r-- r:::. C) ...0 ~ c; f"') l f-) '1! -I~l r- ,~ r.~ I,,' 'n , : ~.; (A.J -"~ c.) (q ~ Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANGEL S. KAY vs. NO. 05-963 Civil Term JOSEPH R. LEE, JR. Defendant DIVORCE ACTION PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Melissa L. Van Eck, Esquire, on behalf of the Defendant Joseph R. Lee, Jr. in the above referenced matter. Respectfully submitted, VAN ECK & VAN ECK, P.C. Date: --- 5 - L\~o~ ~ hMo d. \iJ)A- cc j Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B. Harrisburg, P A 17112 (717) 540-5406 .-, '''-:.' "--, ;::n '-..j ~n :";J il c-, ;"j .-:_}'1 ....c' ANGEL S. KAY Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-963 Civil Tenn JOSEPH R. LEE, JR. Defendant DIVORCE ACTION MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this J 6+ day of ~htler, 2005, by and between Angel S. Kay (hereinafter "Wife") of Mechanicsburg, Cumberland County, Pennsylvania and Joseph R. Lee, Jr. (hereinafter "Husband") of Enola, Cumberland County, Pennsylvania. WITNE SSE TH: WHEREAS, the parties hereto married on June 18, 1994, in Memphis, Shelby County, Tennessee; and WHEREAS, a divorce action was filed by Wife as Plaintiff on or about February 23, 2005, in the Cumberland County Court of Common Pleas at 05-963 Civil Tenn; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the martial property; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: I. ADVICE OF COUNSEL. The provisions of this agreement and the legal effect have been fully explained to the parties by their respective counsel. Wife is represented by James G. Nealon, III, Esquire. Husband is represented by Melissa L. Van Eck, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice ofIntention to Request Entry of a Divorce Decree. 3. 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. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the other as testamentary, or all other rights of a surviving spouse participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or inequity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that thfs Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON INTERFERENCE. Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not harass, disturb or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 837 Acri Road, Mechanicsburg, Pennsylvania 17050 (the "Marital Residence"). The Marital Residence is encumbered by a first mortgage with Century 21 Mortgage Company and a second mortgage with Community Banle Wife agrees to be solely responsible for the payment of all costs associated with the Marital Residence including, but not limited to; the first mortgage, taxes, insurance and utilities. Wife agrees to remove Husband from any and all financial obligations of the Marital Residence. Wife further agrees to refinance the first mortgage on said property. Wife will pay husband upon execution of the Marital Settlement Agreement, the sum of $15,000.00 of equity interest in the marital property. On October 15,2005, the remaining $15,000.00 equity interest will be paid to husband. Furthermore, Wife agrees to refinance the first mortgage on said property within one year from the date of execution of this Agreement. Wife shall provide a Mortgage Satisfaction Piece or Mortgage Release for the first mortgage in a form suitable for recording contemporaneously with the delivery of the above-referenced Special Warranty Deed. Husband agrees to indemnity and hold himselfhannless from said debt. In consideration of the covenants and promises set forth herein, Husband also agrees to transfer all right, title and interest in to and under the Marital Residence, including any rights under the Divorce Code of 1980 as amended, to Wife contemporaneous with the refinance of the marital residence. Husband further agrees to cooperate in signing any and all documents necessary for the transfer of this property including, but not limited to, a special warranty deed conveying and all interest in, to and under the Marital Residence that he may have by virtue of his marriage to Wife. 8. TIMESHARE PROPERTIES. The parties are joint owners of two Timeshare properties through RCI located in Puerto Penasco, Mexico, Sun Club Plaza las Glorias (the "Mexico Timeshare") and Massanutten, Virginia, Massunutten Resort (the "Virginia Timeshare"). The parties agree to continue to share ownership of Timeshare properties. The parties acknowledge and understand that any and all financial responsibilities and obligations for the Mexico Timeshare will cease in 2020. The parties acknowledge and understand that every third year commencing in the year 2006 they are allowed a one week stay at the Virginia Timeshare or another RCI affiliated resort through an exchange. Wife shall have use of Mexico Timeshare for the odd number of years commencing in the year 2005. Wife agrees to pay for the maintenance and exchange fees of the Mexico Timeshare for each year if it is scheduled to be used by Wife. Husband will have use of the Mexico Timeshare for the even number of years commencing in the year 2006. Husband agrees to pay the yearly maintenance and exchange fees for the Mexico Timeshare for each year it is scheduled to be used by Husband. Wife shall have use of Virginia Timeshare Bonus week for the even number of years commencing in the year 2006. In addition, Wife shall have use of the Virginia Timeshare for the even number of years or every six years commencing in the year 2006. Wife agrees to pay for the maintenance and exchange fees of the Virginia Timeshare for each year it is scheduled to be used by Wife. Wife shall also have use of Virginia Timeshare. Husband will have use of the Virginia Timeshare Bonus week for the odd number of years commencing in the year 2005. In addition, Husband shall have use ofthe Virginia Timeshare for the odd number of years or every six years commencing in the year 2009. Husband agrees to pay the yearly maintenance and exchange fees for the Virginia Timeshare for each year it is scheduled to be used by Husband. The parties acknowledge and understand that either party can give up their right to use either of the Timeshare properties for any given year upon agreement by the parties. The parties also acknowledge and understand that the party using either of the Timeshare properties shall be responsible for the maintenance and exchange fees associated with that particular Timeshare property. The parties further agree that in the event either Timeshare is sold the net proceeds will be split equally (50/50) between them. 9. DEBTS. The parties have marital debt and agree to divide the debt as follows: (a) Husband shall be solely responsible for the payment of the remaining or continuing balances, if applicable, on: 1. Home Equity Loan - Second Mortgage 2. Timeshare Loan 3. YearlyRCIMembershipFee 4. YMCA Membership In the event that Husband does not have the Second Mortgage paid in full by the time Wife refinances the Mortgage on the Marital Residence, Wife may use the second payment of $15, 000.00 to payoff the loan. Any monies remaining from this payment will go to Husband. Husband agrees to be solely responsible for the remaining or continuing balances, if applicable, on the aforesaid debts and shall indemnify and hold Wife harmless from such debts, unless otherwise expressly stated in this Agreement. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 10. RETIREMENT BENEFITS. Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any pension/retirement/profit sharing/IRA plan of the other party, whether acquired through said other parties' employment or otherwise, and hereafter said pension/retirement/profit sharing/IRA plan shall become the sole and separate property of the party in whose name or whose employment said plan is carried. The parties waive any and all other retirement benefits obtained by the parties post separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. II. LIFE INSURANCE POLICIES. The parties agree to maintain their present life insurance policies and each agrees to designate their children as primary irrevocable beneficiaries thereof. The parents' obligation to retain their children as beneficiaries of their respective insurance policies as aforesaid shall terminate at such time as each child has reached the age of twenty-one, or become self. supporting, whichever occurs last, at which the Husband and Wife may designate anyone they desire as beneficiaries of these polices. 12. BANK ACCOVNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 13. PERSONAL PROPERTY. The parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession with the exception of the items listed on Exhibit "A". Wife agrees to provide storage in the Marital Residence for the items on Exhibit "A" for up to one year after the date of the Divorce Decree. 14. VEHICLES. The parties are joint owners of two vehicles; 2004 Honda CRY (the "Honda vehicle") and 2002 Dodge Grand Caravan (the "Dodge vehicle"). Husband shall retain sole and exclusive ownership of the Honda vehicle currently in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Wife shall retain sole and exclusive ownership of the Dodge vehicle currently in her possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Wife hereby waives her right, title and interest to and in the Honda vehicle. Wife agrees to execute the title and any other documentation necessary to transfer ownership of the Honda vehicle to Husband within thirty (30) days of the date of execution of this Agreement. Husband hereby waives his right, title and interest to and in the Dodge vehicle. Husband agrees to execute the title and any other documentation necessary to transfer ownership of the Dodge vehicle to Wife within thirty (30) days of the date of execution of this Agreement. 15. PETS. The parties are joint owners of two Yorkshire Terrier dogs (the "dogs"). Wife shall retain sole and exclusive responsibility of the dogs; including but limited to any and all liabilities and financial costs incurred from the housing, caring and feeding of the dogs. Wife shall hold Husband harmless from said dogs. 16. AFTER-ACOUlRED PROPERTY. Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 17. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party become a debtor in any bankruptcy or financial reorganizatiori proceedings of any kind while any obligations remain to be performed by that party for the benefit or the other party pursuant to the provisions to this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless ofPederal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 18. CHILD SUPPORT. Husband shall pay Wife the sum of $1 ,000.00 per month for the maintenance and support of the parties' minor children commencing the month after the finalization of the divorce. The aforesaid payments are to be directly deposited into Wife's checking account in sums of $462.00 every two weeks. These payments will be deducted from Husband's bi-weekly salary by way of direct deposit paid through Husband's employer. The parties acknowledge and understand that the amount of child support is subject to modification by either party where there is a substantial change in circumstances for either party. The parties acknowledge that the child support payments will continue until the children reach the age of eighteen (18) and graduate from High School. The parties acknowledge that the support will be reduced accordingly when the oldest child reaches the age of eighteen (18) and graduates high school. Husband shall maintain and provide medical, dental and hospitalization insurance for the minor children and the aforesaid insurances shall be maintained and provided until each child becomes self-supporting. In addition, Husband agrees to pay all medical, dental, psychiatric and hospital costs not covered by these insurances. The parties acknowledge and understand that insurance coverage could change value due to any future acquired insurance coverage provided though Wife's employment as agreed by the parties. The parties further acknowledge and understand that Wife will be removed from Husband's health insurance immediately following the finalization of the divorce. 19. HEALTH INSURANCE CONTINUATION The parties recognize that Wife may be eligible to continue coverage through COBRA under the group health insurance carried by Husband through his employer. Husband shall, within ten days of any event that would cause Wife's health insurance coverage to end, either under the terms of the policy or by reason of a qualifying event under the COBRA requirements, notify the plan administrator of the event. At the same time, Husband shall inform Wife in writing that such notice has been given to the plan administrator. Wife is responsible for any and all payments under the COBRA requirements. 20. CHILD CUSTODY AND VISITATION. The parties acknowledge that it is in the best interests of the minor children that Garret Patrick Lee and Zoey Hannah Lee associate with both parents as often as possible and the parties agree to jointly share their parental responsibilities and duties insofar as it is practical to do so. The parties agree to consult with each other concerning their children's education, health, and matters concerning general welfare and the parties further agree that they shall encourage their children to maintain a close and meaningful relationship with the other parent. The parties are both fit and proper person to have the care, custody and control of their minor children. Therefore, they agree that it is in the best interest of the minor children for the parties to have joint legal custody. Physical custody shall be as the parties may from time to time agree. At all times the parties shall encourage and foster in the children sincere respect and affection for both parents and shall not hamper the natural development of the children's love and respect for the other parent. Each party shall keep the other advised as to any serious illness or other major developments with respect to the child. The parties' minor children shall reside primary with Wife. The parties agree that the children shall reside with Wife, Monday through Thursday, while school is in session. The parties further agree that Husband shall have rights of partial physical custody during these days as agreed by the parties. Husband agrees to schedule days and times of partial physical custody in advance to visit with children. The parties agree that Husband shall have partial physical custody of the children, Friday through Sunday. Husband agrees to pick up children at Wife's residence on Friday by no later than 3:30 p.m. unless otherwise agreed by the parties. Wife agrees to pick up children at Husband's residence on Sunday at 8:30 p.m., unless otherwise agreed by the parties. Wife agrees to schedule days and times of visitation in advance to visit with the children. If Mother obtains employment that does not require weekend hours then Father shall have periods of partial physical custody on an alternating weekend basis, Friday through Sunday. Father shall also have periods of partial physical custody on Wednesday and Thursday overnight during the week he does not have weekend custody. The parties acknowledge that other physical custody arrangements between the parties shall be made during the months when school is not in session, subject to agreement by the parties. The parties agree that neither party may physically move the minor children to another residence outside the surrounding area of both parties. The parties shall come to an agreement in writing before the move of any residence where the distance is twenty-five (25) miles or more from either party. Each parent shall be entitled to immediate access from the other or from a third party to records and information retaining to the minor child including but not limited to; medical, dental, health, school or educational records. Each of the parties agrees to keep the other party currently advised of the other's residence and business address, telephone numbers and whereabouts on vacations with the children. The parties shall be entitled to take the children on vacation whether in or out of state, or out of the country, so long as arraignments have been made in advance with full knowledge of other party. Either party may request up to three (3) non-consecutive weeks of vacation at any time during the year. The party requesting the vacation period shall provide written notice to the other party at least thirty (30) days in advance of the requested vacation time. Neither party can stipulate where the children can or cannot go on vacation with the other party. Each party shall also be entitled to speak to the children by telephone at reasonable times and intervals, so long as the communication does not interfere with the time dedicated to their sleep, when the children are in the physical custody or subject to control of the other party. The parties shall agree on a schedule for Holiday visitations, where the parties will include each party, for the best interests of their minor children. Each of the parties shall be entitled to visit with their children on Holidays, for no less than six hours per Holiday, either with or without the other party being present. The parties shall cooperate as necessary in the planning and execution of the minor children's Birthday parties. Each party is entitled to attend any and all parties planned for the children. Furthermore, each party is entitled to attend any and all activities including but not limited to; school or school-related, sport(s) and any other extracurricular activity. Neither party shall consume alcoholic beverages or illegal drugs while exercising any period of custody. 21. ALIMONY. SUPPORT. AND ALIMONY PENDENTE LITE. Husband agrees to pay Wife, as alimony, the sum of $650.00 each and every month beginning with the month following the finalization of the divorce. Husband's obligation to pay under this paragraph will end and he will be released from the obligation of payment upon the Wife's remarriage, death or cohabitation, or when youngest child reaches age of majority (18). All payments made by Husband under this paragraph will be paid by direct deposit from Husband's employer in sums of $300.00 every two weeks and made directly into Wife's checking account. The parties acknowledge and understand that the amount of spousal support is not modifiable by either party. 22. EDUCATIONAL EXPENSES. The parties agree to provide appropriate educational opportunities for their children, including private school, an undergraduate college education, post-graduate training, and extracurricular lessons and activities. The parties agree to split the costs of education for their children equally where Husband shall pay one-half of all the educational expenses and Wife shall pay one-half of all the educational expenses. Educational expenses are defined to include room and board, books, supplies. 23. TAX MATTERS. The parties agree that Wife will be entitled to claim the deduction for the dependency exemption for their minor children. Husband agrees to sign any declaration required by the Treasury Department or the Internal Revenue Service to implement this agreement and agrees to provide such declaration to the Wife. Wife agrees to pay any and all Federal Income tax or taxes associated with the her deceased mother's Beneficiary IRA, as reported on the 2004 joint Federal Income tax return. The parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 24. ATTORNEY FEES. COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 25. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the tenns thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing this Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing this or her rights under this Agreement. 26. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; (e) The right to have the court make all detenninations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendent elite, alimony, counsel fees and costs and expenses. 27. AFFIDAVITS OF CONSENT. Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of Pennsylvania. 28. EFFECT OF DIVORCE DECREE ON AGREEMENT. Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as amended. As provided III section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendent elite, counsel fees or expenses shall not be subject to modification by the court. 29. HEADINGS NOT A PART OF THIS AGREEMENT. The descriptive headings preceding these paragraphs are for convenience and shall not affect the meaning, construction or effect this Agreement. 30. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS. Each separate obligation shall be deemed to be a separate and independent covenant and agreement. 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. 31. MUTUAL COOPERATION. Wife and Husband shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 32. 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. 33. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 34. ENITRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, convents or undertakings other than those expressly set forth herein. 35. MODIFICATION OR WAIVER TO BE IN WRITING. No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 36. NO WAIVER OF DEFAULT. The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 37. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purposes in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. Wife and Husband acknowledge the receipt of a duly executed copy hereof. ~~ W! Ilk If) Witness ~~ aI1bAJM Witn s Jos t/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On the / Sf day of ~ fir? ~,'V\ br , 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Angel S. Kay, known to me (or satisfactory proven) to be one of the parties executing the forgoing instrument, and she acknowledges the forgoing instrument to be her free act and deed. : SS. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and years first above written. NOTARIAL SEAL AMY S. MASON, Notary Public City of Harrisburg, PA Dauphin County My Commission Expires June 10, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS. st C. ./ On the / day of yp~lfY'\ k::Pr ,2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Joseph R. Lee, Jr., known to me (or satisfactory proven) to be one of the parties executing the forgoing instrument, and she acknowledges the forgoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and years first above written. NOTARIAL SEAL AMY S. MASON, Notary Public city of Harrisburg. PA Dauphin County My Commission Expires June 10, 2006 EXHIBIT "A" I. National Geographic Magazine collection in basement; 2. Metal filing cabinet in basement; 3. Three section bookshelf in basement; and 4. Miscellaneous books in basement. (--.I ( ,~, r" , ) 11 :7 ,. r ..~, --~ c..) ....,... 1".) (> ,I .< ANGEL S. KAY Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-963 Civil Term JOSEPH R. LEE, JR. Defendant DIVORCE ACTION ACCEPTANCE OF SERVICE I, Joseph R. Lee, Jr., acknowledge that I accepted service of the Complaint in Divorce in the above referenced matter via hand delivery on the date indicated below. Date: March 5, 2005 )")pi/!- ~ l () -n c.) r0 0'\ ANGEL S. KAY Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-963 Civil Term JOSEPH R. LEE, JR. Defendant DIVORCE ACTION AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 23, 2005. 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.s 4904 relating to unsworn falsification to authorities. Date: ~f' / k;o~ / r-' ~ ') C) -n :7 ~.~ .;....r. C<'I !',,) 0"' ANGEL S. KAY Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-963 Civil Term JOSEPH R. LEE, JR. Defendant DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (C) OF THE DIVORCE CODE I. 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 in 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.g 4904 relating to unsworn falsification to authorities. D,t, Y ~ ){loJ' Ci -T} (,'-' -:::I ~ -r ::1." ,~ :-I": ""'..1 C.J " r-..) 4 0"" :< ANGEL S. KAY Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-963 Civil Term JOSEPH R. LEE, JR. Defendant DIVORCE ACTION AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 23,2005. 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 ofIntention 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.S 4904 relating to unsworn falsification to authorities. Joseph Defen Date: 9- (-0 )" f"'-' ,-._.J -T1 :-( -n C" ,,~. 0") ANGEL S. KAY Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-963 Civil Term JOSEPH R. LEE, JR. Defendant DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (C) OF THE DIVORCE CODE I. 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.g 4904 relating to unsworn falsification to authorities. Date: 9- /- 0.) ;{~ r'..l .,-,~:", ~ .;...>"l t-'"; J[ r---' ,"-,.J ''-1 ::;1 . """, C") r') ()--'\ ANGEL S. KAY Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-963 Civil Term JOSEPH R. LEE, JR. Defendant DIVORCE ACTION PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) or (d) of the Divorce Code. 2. Date and manner of service of the complaint: Served via hand deliver on March 5, 2005. Acceptance of Service filed simultaneously with this Praecipe. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff on September 2, 2005; by defendant September 2, 2005. (b)(I) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None. All remaining issues were resolved via a Marital Settlement Agreement executed on September 1, 2005. Date: 5. Complete either (a) or (b). a. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: b. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: Executed on September I, 2005; filed simultaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: Executed on September I, 2005; filed simultaneously with this Praecipe. Respectfully submitted, q/q/o~ ~dM1J Melissa L. VanEck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B Harrisburg, P A 17112 (717) 540-5406 CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Joseph R. Lee, Jr., Defendant, in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Transmit was served upon Angel S. Kay, Plaintiff, by depositing same in the United States mail, first class, on '~~IL1/2/ a~~ed as follows: / Angel S. Kay 837 Acri Road Mechanicsburg, P A 17050 Date: -4t.-0n ~'\ J 2.} 200S Melissa . an Eck, Esquire 7810 Allentown Blvd., Suite B Harrisburg, P A 17112 Telephone: 717-540-5406 Attorney for Defendant r<) () ,.-:"\ -n ~:;-l -4 ~,'.:: 0"1 ;il~~ ~..- , c....' "J C"\ ._"':+>.,<+: :f.:f:f:f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f'f.:f'l' 'f. . > . . . . . . . . . . . > . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . , . . . . . . . . . . . . . . . . , . . . . , . . . , . . . . . . . . . . . . . . , . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f<+: 'I'<+:+'I''I'<+:~'I'<+:+'I''I':f<+:+:f+'t:+++++:f++'I''I''t::f+++'t:+++'t:'I'++++++++++++++'t:+? IN THE COURT OF COMMON PLEAS ANr,RL S. KAY VERSUS ,TOSRPH R. LRR. AND NOW, DECREED THAT AND OF CUMBERLAND COUNTY STATE OF PEN NA. No. 0')-963 ,TR. DECREE IN DIVORCE ~ 1(:1'1,4.11 ~ ~ ~ , IT IS ORDERED AND ANGEL S. KAY , PLAI NTI FF, ,TOSEPH R. LER. ,TR. ARE DIVORCED FROM THE BONDS OF MATRIMONY_ , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT 'T'he Marital Settlement ?OO'). is incornorateo but Aareement executed on Sent ember 1. in_ ATTEST: J. PROTHONOTARY l' "tl(l ~ ':/ ~ ~K 5)' ~. b pJr 1- ~ ~J'~ YJ' oe-b . t.\ ~ . . ';'1'