Loading...
HomeMy WebLinkAbout06-1567 Keith 1. MacMillan, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW Angela N. MacMillan, Defendant : NO. tJ/t> - / ,) C:' '7 : IN DIVORCE CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 Keith J. MacMillan, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W Angela N. MacMillan, Defendant : NO. v; (, I) (, '7 : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE NO FAULT I. Plaintiff is Keith J. MacMillan, an adult individual currently residing at 6 Cedar Court West, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Angela N. MacMillan, an adult individual currently residing at 27 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 17, 1997, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) ofthe Domestic Relations Code. // Ie, Esquire y Ita ey for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: .J I, <{ 10& ~"". '."" . ~ ~ - \....'..:- --- -- -- --J \.1\ ~ <K:' "'" V' , \~) ~ ~> ~ ~ ':-- ~~ ~\ ~ \~ ~ 'c' ~ ""'- .~ ~' -1' 'J:o ..,j., f') ":; n ~', r~ c:::;') = ,,;:.:r> ,-,.', :;Ii:: -."."" ;:,;, - -J ".' -rJ ~ w o -n ~- p1 f:: :'1_\2 r~' ..., C) (...~ o-j:'K (:;~() C.-Pl ~-~ >':.... :'..IJ -< en U> ). \. . Keith J. MacMillan, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Angela N. MacMillan, Defendant : NO. 06-1567 : IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE AND NOW, this [,3{)1Yl day of (Y\{l.~ (oJ.. , 2006, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, and states that a true and attested copy of a Complaint In Divorce was sent to Defendant, Angela N. MacMillan, at her address of 27 Betty Nelson Court, Carlisle, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on March 23'd, 2006. . G . 'fie, Esquire rney r Plaintiff GRIFF! & ASSOCIATES 200 North Hanover Street Carlisle, PAl 70 13 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this J 0 th- day of I Yla..\ (0 1A , 2006 -N~~~~If! ~~ ~ NOTARIAL SEAL ROBIN J. GOSHORN, NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES APRI1l7 2007 ;. , . . . Complete Items I, 2, and 3. Also complete item 4 W Restricted Delivery is desired. . Print 'your name and address on the reverse sa that we can return the card to you. . Attach this card to the bacK of the mailpiece, or on the front If space permits. l'A~~a:n.~mlla(\ Jf R-c.+t-~ f\.c.\sof\ ewrl Grl'SlL Jffr I iD(S o Yes ONa 3. Selvlce Typo ~ CertIfied Mall 0 Express Mail o Registered lil Return Recelpt for _001.. o Insured Mall 0 C.O.D. 4. RostrIctod Oollve<y1 (Extra Foe) Yes 2. Article Number (rransfer tlom seM( PS Form 3811, August 2001 7002 0860 0001 5848 7709 Dom6StJc Return Receipt 1~259S-02-M--1540 <r CJ 1""- r'- <0 ~ <0 U1 r'I CJ CJ CJ ~." CJ ...n cO '/1estrlcted Delivery Fee CJ (Endo- Requ"""l ru Total Postllge & Fees $ CJ CJ r'- U.S Postill Ser\llce CERTIFIED MAIL RECEIPT (Domestic Mall Only, No Insurance Coverage Provided) ,.. \. . j Postmail< H_ i .~ ') -',\ C-1 :n .< Keith J. MacMillan, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Angela N. MacMillan, Defendant : NO. DiP - 151t.7 : IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on March 17, 2006 and served on March 23, 2006 as indicated in Acceptance of Service. 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 THE FOREGOING 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: IIz-y~ ,...., c.::> ,:'. .~-> G'''o (,.. C"'- I (]1 () -n :~ fi~2 h~ c:; o c:.:' , . ~" \ c.0 .< Keith J. MacMillan, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Angela N. MacMillan, Defendant : NO. O(P-15~'7 : IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~330l(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 THE FOREGOING 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: ~J;L1/t% ( ! , f o c: -~ 'c.;:::> 'C;~ :,,~) -n ::ol _L..,..-: ~-~,:;~!, (.," {--:. r- I 0' :.:::- o C":": Keith J. MacMillan, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Angela N. MacMillan, Defendant : NO. 0 b - J 5 (, ? : IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 2. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on March 17,2006 and served on March 23, 2006 as indicated in Acceptance of Service. 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 ofa final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: 9-j-lJ(, (") c. g. ""\JL": p:Ir.~ L:_)~ 6,'1. -<. ~~. ~'> ! ~~~: z: :;J :;:; = 0" C/) Cd I cr, o ., ':':t:n nl,- -om -,)0 t.J(-) -[-t, I""'l .-,('5 :?-'rn ~ ~ -n :;!l:: .r:- .. <::) o Keith J. MacMillan, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ; NO.6'" ~ , ~b 7 : IN DIVORCE CIVIL TERM Angela N. MacMillan, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 THE FOREGOING 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. ~((ff~ ANGEL . MACMILLAN, Defendant ?~ /~{)h ------ DATE: () ~ -"'(3 t~ \7t-'- /~ ij' -' ~ 'a'- u> C6 \ (J' --0 -::;;: ,/~, ' -";i_.. J:::-C:' .~ q. {~ rte:, -d'" ~_nq c;t) :',_,-' --.,1 . ',~ ..."' ':26 , r<" 5 _\ ~ .~ o o o C . IS/, 1 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this ith- day of 1/1a1 2006, by and between KEITH J. MACMILLAN, of 6 Cedar Court West, Carlisle, Cumberland County, 17013, party of the first part, hereinafter referred to as "Husband," AND ANGELA N. MACMILLAN, of 27 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania, 17013, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on May 17, 1997, ill Newville, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the ~. " Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION I.I It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. Page 2 of]7 ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each pm.ty as a Page3 ofJ7 final settlement for aU purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and aU its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shaU survive any decree in divorce and shall be forever binding and concl usive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the Page 4 of 17 contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal ProlJertv. The parties acknowledge that they have the furniture, appliances, tools, household furnishings, and other personal property, tangible and intangible, in their possession that they wish to have and retain from this time forward. Neither party shall make any claim whatsoever against the personal property in the other party's possession from the time of execution of this Agreement forward. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, an exercise any other incidents of Page 5 of 17 ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 3.5 SubseQuentlv Acquired ProTJertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties are formerly the owners ofreal estate located at 6 Cedar Court West, Carlisle, Cumberland County, Pennsylvania. The real estate is in the process of being listed by a mutually selected realtor for sale on the open market. At the time of sale of the real estate, which shall be concluded through use of the parties' jointly selected realtor, the first and second mortgages that are maintained on the real estate shall be paid in full through normal settlement procedures. In addition, however, from the net proceeds of sale, the parties shall pay in full their Kohl's Credit or Charge Card and their Chase Credit or Charge Card. After payment of the referenced indebtedness and the payment of routine settlement costs, the net proceeds from the sale of the real estate shall be divided equally between the parties. Following completion of the sale as described above, neither party shall make any claim of any nature whatsoever against the other relative to their interest of the aforesaid real estate or their interest in the proceeds resulting of the sale of the aforesaid real estate. Page 6 of 17 Pending sale and settlement of the aforesaid real estate, Husband, who is maintaining his residence at the former marital residence, shall maintain the first and second mortgages on the property in current status and shall indemnifY and hold wife harmless from and against any and all demands for payment or collection activity of any nature whatsoever by the first or second mortgage holder on the property relative to any delinquencies incurred during Husband's sole tenancy. In addition, Wife shall make no claims of any nature whatsoever for rental value of any similar claim relative to Husband's ongoing residency of the home. 3.7 Pension. Retirement. Profit-Sharinf!. Both parties, as employees of the Federal Government, have accrued pension and thrift saving plans through their Civil Employment. It is acknowledged that Husband's retirement is as a participant in a Civil Service Retirement System (CSRS) and Wife's is through the Federal Employees Retirement System (FERS). In addition, both parties participate in a separate Thrift Saving Plan (TSP) through their employment with the Federal Government. From the date of execution of this Agreement forward neither party shall make any claim of any nature whatsoever relative to the retirement benefits or TSP in the name of the other party. In the event it is necessary to execute documents to so waive, relinquish and transfer their interest, whatever it may be, in the other parties retirement account and thrift savings account, they will do so within fifteen days of being requested to do so by the other party. From the time of execution of this Agreement forward neither party shall make any claims of any entitlement of any nature whatsoever relative to the other parties' retirement plans. Page 7 of 17 In addition to the above, in the event that the parties have any other retirement plans of any nature whatsoever including 401 (k)s, lRAs, profit sharing plans and related plans, each party shall retain sole and exclusive ownership and possession, and all related rights, to their own retirement plans and the other party shall not make any claim of any nature whatsoever relative to any ownership interest in said plans. Vehicles. 3.8 The parties aclmowledge that Husband has and shall retain as his sole possession a 2003 Toyota 4-Runner, which is encumbered with a loan due and owning to Pennsylvania State Employees Credit Union (PSECU). The vehicle, which is in joint names, shall be transferred to Husband's name along through Wife's execution of the necessary title documents or through the execution of a vehicle Power of Attorney for purposes of allowing Husband to transfer the vehicle into his name alone. It is acknowledged that it may not be possible to have the title changed until after Husband has paid the aforesaid indebtedness in full. However, Wife shall cooperate in all respects with respect to transfer of title when that can be acomp1ished. The parties acknowledge that Wife has and shall retain as her sole possession a 2004 Toyota RA V4, which is encumbered with a loan due and owning to Members 1 st Federal Credit Union. The vehicle, which is in joint names, shall be transferred to Wife's name along through Husband's execution of the necessary title documents or through the execution of a vehicle Power of Attorney for purposes of allowing Wife to transfer the vehicle into her name alone. It is acknowledged that it may not be possible to have the title changed until after Wife has paid the aforesaid indebtedness in full. However, Husband shall cooperate in all respects with respect to transfer oftitle when that can be accomplished. Page 8 of 17 3.9 Intanl!ihle Personal Propertv. The parties acknowledge that they have previously distributed their financial accounts such that each party now retains their own accounts. Neither party shall make any claim of any nature whatsoever relative to the funds in the other party's financial accounts. In the event it is necessary for either party to execute any documents to waive, relinquish or transfer their interest in accounts maintained by the other party, they will do so within fifteen (15) days of being requested to do so by the other party or their legal representative. 3.10 The parties are in the process of filing their 2005 State, Federal and Local Income Tax Returns as a married couple. Any and all refunds received in the parties' joint names will be divided equally between therr, with neither party making any claim against the other parties' fifty (50%) share ofthe refund. Any sums due to any taxing authority through the preparation of the aforesaid returns shall be an equally shared responsibility for payment. ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties acknowledge that they have indebtedness on their vehicles that they have maintained as described in Paragraph 3.8 above. In addition, they have a first and second mortgage on their real estate as described in Paragraph 3.6 above. Further, the parties have a Kohl's Credit or Charge Care and a Chase Credit or Charge Card which is further reference din P81'agraph 3.6 above. Page 9 of 17 The parties acknowledge that with the exception of the debts herein before referenced neither party has any additional debt accrued of any nature whatsoever whether it be through a personal loan, credit card, charge card or similar indebtedness that will create indebtedness and responsibility on the other party. In the event that they have created such debt and it has not been disclosed, it shall be that party's sole responsibility to repay that debt in full and that party shall indemnifY the other party and hold them harmless from any and all demands for payment, collection activity of any nature whatsoever relative to any such debt. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, the parties do not have any additional joint debt of any nature whatsoever that could create liability for the other party. Neither party has created any such joint debts since the time of filing the divorce action in this matter that would create additional liens, encumbrances or obligations of any nature against the other party. Neither party shall take any action to create additional indebtedness for the other party in any manner from the time of execution of this Agreement forward. ARTICLE V ALIMONY. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE. AND CHILD SUPPORT 5.1 The parties acknowledge that Wife and Wife's daughter, Genna Weaver, are beneficiaries of Husband's health insurance policy that he carries through his employment. Husband shall Page 10 of 17 maintain Wife and his stepdaughter, Genna Weaver, as participants in his health insurance coverage until the first day of the first month following the entry of the Decree in Divorce in this matter. However, under no circumstances shall Husband be obligated to maintain health insurance on Wife and his stepdaughter for a period beyond 120 days from the date of this Agreement. 5.2 The parties herein acknowledge that except for the provisions otherwise set forth herein, they have each secured and maintained substantial and adequate funds with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life to which they were accustomed. Husband and Wife to hereby waive, release and give up any rights they may respectfully have against the other for alimony, alimony pendente lite, spousal support, and maintenance. 5.3 Except as otherwise set forth herein, neither party shall make any claim against the other relative to the need, desire or obligation for spousal support, APL, alimony, child support or separate maintenance of any nature. MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The parties acknowledge that they have received independent legal advice from counsel of their own selection, that they fully understand Page 11 of 17 the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as 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 other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel Page 12 of 17 fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. 6.3 Warranties. 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by tbe other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. Page 13 of 17 6.4 No waiver or modification of any of the terms of this Agreement 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. 6.5 Husband and Wife .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 implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 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. Page 14 of 17 6.9 Severabilitv. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any Page 15 of 17 independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: Jh'llo{~ bate , /?~ua ~~ .5- '{-o~ Date Page 16 of 17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . On this H:!:A day of rl/..t1A.-dt , 2006, before me, the undersigned officer, personally appeared KEITH J. MACMILLAN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 0?~J~~ r~OT'i\,Rlf..l t)l=AL ROBIN J. COSHCi 'I "2' PUgllC CARLISLE BORO., Gl,: '. .::",,," C'J'INTI MY COMMISSION EXPJ~~S " '0' ,,' 1:107 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND On this q:r:!J. day of tJ1fJt ,2006, before me, the undersigned officer, personally appeared ANGELA . MACMILLAN, known to me (or satisfactory 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, I hereunto set my hand and official seal. ~rJ d~l-~ NOTARIAL SEAL ROBIN J. GOSHORN, NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES APRil 17 2007 Page 17 of 17 (') "" 0 C';) c- , . :_.~l Tl <"...P~ e,') :r.t ~"::.~ 'T1 rrl i'.'~ -0 rn ) l:7 . , ..! (':' .. -0 .; '," =r;;:: (--) S:~ ('11 C') -- f'o.' ~.....",. -=2 .:0 o..D .< Keith J. MacMillan, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Angela N. MacMillan, Defendant : NO. 06-1567 : IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under ~330l(c) 33Q1(a)(l) efthe OJ-mee Ceae. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on March 23, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301 (c) ofthe Divorce Code: by Plaintiff: 6/29/06 by Defendant: 9/1/06 (b) (1) Date of execution of the affidavit required by ~330l (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in ~330l (c) Divorce was filed with the Prothonotary: June 29, 2006 Date defendant's Waiver of Notice in ~330l (c) Divorce was filed with the Prothonotary: September 1, 2006 '" "'..:::> c:;:;! C7' U'> r'"1 -0 o -n :e-n nfE -01 r: <JC;:::' u ~ -;e) .. j~?' ?E -< ~""" c..o "" <.0 +: ~ +: +: +::f.:of. +:+: + + + + + + + + + + + + ;> ;> ;> IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Kei th J. MacMillan Plaintiff VERSUS Angela N. MacMillan Defendant I ,. AND NOW, DECREED THAT No, 06-1567 DECREE IN DIVORCE ~ ~~\(,~ 'oti' \~ , 100 <0, IT IS ORDERED AN 0 Keith J. MacMillan , P LA I NT IFF, AND Angela N. MacMillan , DEFENDANT, ARE DIVORCED FROM 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; The Separation and Property Settlement Agreement of May 4. 2006 is incorporated herein but not merged. J. ATTEST: OTHONOTARY #!J_p -;Jr ~ ~ ~ih '}O}lI - b ~ flP ~ ~- ~ -rJ ~. j>! -j; " " .