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HomeMy WebLinkAbout01-5361MELODY R. McCOMBS, PLAINTIFF JAMES C. McCOMBS, III, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- o'3~, ~,~ -/--~ CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CI,AIM 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business before the Court. 6136-1-4/DivComp/HDR/crm MELODY R. McCOMBS, PLAINTIFF JAMES C. McCOMBS, III, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. os- S'Z~t ~ '[-~-- C1VIL ACTION - DIVORCE COM'PI,AINT IINI~i~,R flECTION 3301 (e) OR 33fll (d) OF THE DIVORCE CODE, TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Melody R. McCombs, by her attorneys, SMIGEL, ANDERSON & SACKS, LLP, and represents as follows: COUNT l DIVORCE UNDER ,gECTION 33't01 (e) OR 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is Melody R. McCombs, who currently resides at 118 2na Street, P.O. Box 291, Boiling Springs, Pennsylvania 17007, and has resided there since on or about August 1997. 2. PlaimifPs Social Security No. is 169-66-0430. 3. Defendant is James C. McCombs, III, who currently resides at 13 Patricia Drive, Enola, Pennsylvania 17025, and has resided there since on or about August 31, 2001. 4. Defendant's Social Security No. is 201-52-0453. 5. 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. The Plaintiffand Defendant were married on June 25, 1994, at Spring Run, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. 9. 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. 10. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT 11 EQIIITARI ~F~ DI,~TRIRIITION 11. Plaintiff repeats and realleges the averments of paragraphs 1 through 10 which are incorporated by reference herein. 12. Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after each party has filed an inventory and appraisement. SMIGEL, ANDERSON & SACKS, LLP -Heather D. Royer, Esc~ire / I.D. #76327 ~ 2917 NORTH FRONT STREET HARRISBURG, PA 17110 (717) 234-2401 ATTORNEYS FOR PLAINTIFF -2- VERIFICATION I verify that the statements made in this Complaint 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. Date: q II~ I.~ I ! Melo{~y R. McCon~bs, Plaintiff MELODY R. McCOMBS, Plaintiff JAMES C. McCOMBS, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5361 : : CIVIL ACTION - DIVORCE ~i~.RTIi~ICAT~ C)F ~ERVIIT. I?. I, Heather D. Royer, Esquire, attorney for Plaintiff, Melody R. McCombs, in the above-captioned matter, do hereby certify that I served a true and correct copy of the Divorce Complaint on Defendant, James C. McCombs, 1II, by certified mail, return receipt requested, a copy of the return receipt card is attached hereto as Exhibit A. SMIGEL~ ANDERSON & SACKS, LLP By: Heather D. Royer, Es~(uire// I.D. # 76327 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff EXHIBIT A · Complete items 1, 2. and 3. Also complete ~ 4 if ~estflcted Delivery Is de.ired. · I~-Int your n~ne ~nd address on the ~.rse eo that we can return the card to you. · Attach this card to the back of the mailp!eca, ~C~MAt []Ex--MAI n Regl~ten~ r~ Re~xn Rece~t for Men~ [] {~ ~ ~ C.O.D. 2. ~ticle Number (Copy from serv/c~/abe/) I~ Form 3811, July 1999 Domestic Return Receipt ~ 6136-1-4/MSA/HDI*~/crm 12/1~/01 II:20AM MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this [<~q-~ day of %/-~--~~,--- ,2001, by and between MELODY 1L MeCOMBS - A N D - JAMES C. McCOMES, IH, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on June 25, 1994, at Spring Run, Pennsylvania. WHEREAS, no children were bom of this marriage. WItEREAS, 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 desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: 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, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. l)ivore~ and ,¢l~_n~rafinn. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the fight 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 whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties agree that they will execute and file Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter 90 days after service of the Divorce Complaint. Thereafter, counsel for Wife shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. [}ivl.qlnn of Pro.n~rty. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. l-ln~hsnd'~ Prn.n~.rty. The following property shall become the sole and exclusive property of Husband: i. Susquehanna Valley Federal Credit Union savings account number 8850. ii. M&T Bank checking account number 1142194; iii. Office of Servicemembers Group Life Insurance Policy number 201-52-0453-1; iv. 1999 Ford F-250; and v. 2000 Motorcycle. B. Wlf~'.~ Pro.n~rty.. The following property shall become the sole and exclusive property of Wife: i. Real property located at 118 Second Street, Boiling Springs, Cumberland County, Pennsylvania. Upon execution of this 2 Agreement, Husband and Wife shall execute a deed transferring the property to Wife. Wife shall use her best efforts to refinance the existing mortgage on the real property currently held by National City Mortgage within twelve (12) months of the date hereof; ii. Susquehanna Valley Credit Union checking account number 114294-04; iii. 1995 Ford Explorer; iv. Emerald and Diamond ring; v. Nationwide Account No. 015479997; vi. New England Financial Life Insurance Policy number #28099831; and vii. Gateway computer, monitor, printer and related computer accessories. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, their marital and non-marital personal property not listed above. 3. ~ 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, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, 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. If the parties are married as of December 31, 2001, the parties have agreed to file their federal income taxes for the year 2001 as married filing separately. 4. Addltlnnal IInenmentatinn The parties agree to execute any deeds, assignments, titles or other instnnuents necessary and appropriate to accomplish the aforesaid division of property. 5. Trannfer~ ~quh.lect to lr,~i~tlng I ,ienq. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. Renre~ent~tlnn.q and W~rr~ntie~ The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Efl. uitahl~ 1Divlnion. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have detemfined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. 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 a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 8. RelinEni~hment of Ri~htn, Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 4 9. After-Aec. hired Prn_ner~y.. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. D~ht~. Wife agrees to be responsible for the following joint debts of the parties: i. Discover credit card account number 6011002040142028; and ii. Susquehanna Valley Federal Credit Union account number 8850. Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 11. ~. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless fi:om all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other fi:om any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 12. l~.nnn~al i~a~. t~.n~t.~ and Exp~.n.qoq, Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 13. ~,llmnny. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all fight, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 14. i~nll ni~e. ln.~nre. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely infom~ed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. lS. R~.l~.n~e.~. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's fights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefi'om. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 17. ('~e. neral Provlsion~. 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. 18. Fair and IZ,~_nltahlo, C. nnt~nta, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully infoln,ed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the cimumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and 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. 19. ~ It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 20. i~,Y~enfion of l')oenm~ntn, Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 21. ~. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 22. ISav. ar. ahil~. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 23. A_n_nlle~hl~ l,~w. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. Agreement Not to h~. Merg~rl. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: COMMONWEALTH OF PENNSYLVANIA : : SS. COVNTY t : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Melody R. McCombs, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this day of ~M-.~CCJ~C~--''-, 2001. Notary Public (~ My Commission Expires: Vldqt L. ritz, ~ ~Publ~ I HalIisburg, in ~oumy I My Commission ~ Dec. 5, 2002 I Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTYOF ~Plq ,~.~ . Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, James C. McCombs, m, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this [ ~ day of ~9'-C-La'~ ~-C,,._~ 2001. . Notary My Commission Expires: 10 Vioky I- Fitz, Nc)tan] Public Harrisburg, Dauphln_C~u~ .nty..,~,., My Commission Expires ue~. o, ember, Penn,yhtenl~ ATTORNEYS AT LAW ' HARRISBURG, PENNSYLVANIA 17110 1223 MELODY R. McCOMBS, PLAINTIFF JAMES C. McCOMBS, III, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5361 : : · CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the follo~ving information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Septcmber 17, 2001, Defendant reccived via certi fled mail. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on December 18,2001; and by Defendant on December 18,2001. 4. All claims have been resolved pursuant to a Marriage Settlement Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 19, 2001. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 19, 2001. Date: December 19, 2001 SMIGEL, ANDERSON & SACKS, LLP Heather D. R~er, EsqUire_/" I.D. # 76327 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff ATTORNEYS AT LAW" HARRISBURG, PENNSYLVANIA 17110-1;~23 MELODY R. McCOMBS, Plaintiff JAMES C. McCOMBS, III, Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5361 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSE!,ING 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 13, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: t~ i/~~' ~?/ ATTORNEYS AT LAW ~917 NO~TH F~ONT STREET HARRISBURG, PENNSYLVANIA 17110-1223 MELODY R. McCOMBS, PLAINTIFF JAMES C. McCOMBS, III, DEFENDANT · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · No. 01-5361 : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 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. Section 4904 relating to unsworn falsification to authorities. Date: MELODY R. MccOlVlB$, ?laintiff ON pLEAS .... ¢ OF COMM _.~,.~,~S¥C4ANIA mi Tk~E COU~ ,-,nuNTY, Y~' :: No. 01-536l lpaxlBS C. McCOMBS, : C9fflL ACTION - DIvoRCE Def~ of the Divorce Code was filed on · §330l(c) 1. Pt Complairtt in Dtvorce under 2 'n a~d service of the Complaint. ' of nofce of . --a ~om the date of fi~i g _cDi~orce a~er se~ce 3. ~ consent to tBe ' daTS ha~e etaps~ ' eu~ of a fina~ Decree m ~ understand that intention to request ea~ of the decree. ~ffidav¢ are true ~d coweCt- I v~ that the statements made ia this Valse statements herein ~e made subject to the penalties of ~ 8 Pa.C.S' }4904 re~ating to unswOm ~alsificatiOU to au~Ofities. '~, ~ ,/~ ,;~ ~ Date: ~~ ~ pENNSYLVANIA J'TJJO 12~3 MELODY R. MccoMBS, pLAINTIFF jAMES C. McCOMBS, III, DEFENDANT · IN TIlE coURT OF coMMON PLEAS : cuMBERLAND couNTY, pENNSYLVANIA · No. 01-5361 cWIL ACTION - DIVORCE WAIVER OF NOTICE OF iNTENTION TO REQUEST ENTRY OF A DIvoRCE DECREE UNDER 1. I consent to the entry of a final decree of divorce without noUce. 2. I understand that I may lose rights concerning alimonY, division of property, divorce is granted. lawyer's fees or expenses ifI do not claim them before a the 3. I understand that I will not be divorced until a divorce decree is entered by will be sent to me immediately after it is filed with the Court and that a copy of the decree Prothonotary. and correct. 1 understand that I verify that the statements made in this Affidavit are true false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: ~ IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF PENNA. MELODY R. McOOMBS, VERSUS NO. 01-5361 DECREE IN DIVORCE AND NOW, .~/.~. ~_~.H , ~<)t , It IS ORDERED AND DECREED THAT Melody R. McCc~bs AND j_~,,-~ C. McC~bst III ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 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; IT IS FURTHER ORD~D and D~C~:~:,') that the M~,~iage Settlement Agreement executed by and between the parties, dated December 18, 2001, is incorporated by reference into this Decree for the purposes of enforcement, but shall not be de~med to have been mer~ with this Decrcc. BY ThE cOUrT: ATT ST: PROTHONOTARY MELODY R. McCOMBS, Plaintiff Vo JAMES C. McCOMBS, llI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5361 CIVIL ACTION - DIVORCE NOTI~F. OF EI,ECTION TO RETAKF~ MALDEN NAMF, Notice is hereby given that the Plaintiff, Melody R. McCombs, in the above matter, having been granted a final decree in divorce from hhe bonds ol matrimony on the 26th day of December, 2001, hereby elects to retake and hereafter use her maiden name of Melody R. O'Donnell, and gives this written notice avowing her intention in accordance with the provisions of the Act of May 25, 1939, P.L. §92, as amended. COMMONWEALTH OF PENNSYLVANIA COUNTY OF On day of~~C~' 2002, before me, a notary public, personally appeared Melody R. McCombs, also known as Melody R. O'Donnell, and known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~ Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELODY R. McCOMBS; PLAINTIFF JAMES C. McCOMBS, III, DEFENDANT NO. 01-5361 CWIL ACTION - DIVORCE FIRST AMENDMENT TO MARRIAGE SETTLEMENT AGREEMENT 6136-1-4/l'stAmendMSA/HDR/crm 2/27/03 4:01 PM ~ FIRST AMENDMENT TO MARRIAGE SETTLEMENT AGREEMENT AGREEMENT made this '2~~-~- day of February, 2003, by and between MELODY R. McCOMBS now known as MELODY R. O'DONNELL, and JAMES C. McCOMBS, III, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto entered into a Marriage Settlement Agreement dated December 18, 2001 (hereafter the "Agreement"); and WHEREAS, a Decree in Divorce was entered by the Court of Common Pleas of Cumberland County, Pennsylvania on December 26, 2001; and WHEREAS, the parties wish to amend the Agreement. NOW, THEREFORE, in consideration of One ($1.00) Dollar and other good and valuable consideration, receipt of which is hereby acknowledged, the parties, each intending to be legally bound, agree as follows: Paragraph 2 of the Agreement is hereby revoked and the following substituted in its place: 2. Division of ProperS,. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's ProperW,. The following property shall become the sole and exclusive property of Husband: i. Susquehanna Valley Federal Credit Union savings account number 8850. ii. M&T Bank checking account number 1142194; iii. Office of Servicemembers Group Life Insurance Policy number 201-52-0453-1; iv. 1999 Ford F-250; 2000 Motorcycle; and Real property located at 118 Second Street, Boiling Springs, Cumberland County, Pennsylvania ("Property") subject to all existing liens and obligations. Husband shall refinance the mortgage associated with this Property within thirty (30) days of the date of this Amendment. Wife hereby relinquishes all right, title and interest in the Property and in any equity in the Property. B. Wife's ProperW.. The following property shall become the sole and exclusive property of Wife: i. Susquehanna Valley Credit Union checking account number 114294-04; ii. in. iv. v. 1995 Ford Explorer; Emerald and Diamond ring; Nationwide Account No. 015479997; New England Financial Life Insurance Policy number #28099831; and vi. Gateway computer, monitor, printer and related computer accessories. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, their marital and non-marital personal property not listed above. herein. 2. The parties hereby affirm and ratify all terms of their Agreement not modified 3. The provisions of this Amendment and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection or had the opportunity to obtain independent legal advice and that each fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Amendment is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Amendment 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. 4. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Amendment. 5. No modification or rescission to this Amendment shall be effective unless in writing signed by each of the parties hereto. 6. If any provision of this Amendment is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 7. This Amendment shall be construed under the laws of the Commonwealth of Pennsylvania. 8. This Amendment may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Amendment under the Divorce Code of 1980, as 3 amended, and in addition, shall retain any remedies in law or in equity under this Amendment as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: CO(vI~S, no/w known as MELODY' ~/5'D6~LL J . McCOMBS~, ~III COMMONWEALTH OF PENNSYLVANIA : COUNTY OF F~ : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth o and County, Melody R. McCombs now known as Melody R. O'Donnell, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this ~--~ dayof ~i~"l]~/~ ,2003. My Commission Expires: [~ -q ~-~) ~5) Al~ L. ~u~,ant, lqo~y Public ~ }lill BOIO. Cumb~land County !~ Ckmm~i~ion Bapi~, AI~, 18, 2006, COMMONWEALTH OF PENNSYLVANIA : r5 COUNTY OF : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, James C. McCombs, III, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this ~7~ dayof ~:L_~)fq~ 0 ¢ ,2003. ~-'~t~y ~u~lic QJ My Commission Expires: k~--] t~3_0(D Aa~ L. glmgars, Nouu'y Public { (~S{llp]-lill Bolo, ~ Count~ / 5