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HomeMy WebLinkAbout01-5379ANNEMARIE L. MCKENZIE, Plaintiff ROBERT E. MCKENZIE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. 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: CUMBERLAND COUNTY COURTHOUSE~ I COURTHOUSE SQUARE~ 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 ANNEMARIE L. MCKENZIE, Plaintiff ROBERT E. MCKENZIE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I~AW : IN DIVORCE NOTICIA Le han demandado a usted en la corte, Si usted Quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene que tomar accion pronto. Sea avisado que si usted no se defiende, la corte tomara medidas y un decreto en divorcio o anulacion puede set entrado contract used pot la corte. Una orden contra useted tambien puede ser entrada por calquier queja o alivio que is pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted, inclusivamente custodia o derecho a visitar sus hijos. Quando el fundamente para el divorcie es indignidades o el ropimiento del matrimonio, usted puede pedir aconsejo sobre su matrimonio. Una lista de consijeros es disponible en la oficina del Protonotario en el: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE~ PENNSYLVANIA 17013. Si usted no archiva en la corte enforma escrita su demanda para assistencia de divorcio, division de propiedad, honorarios o costas para su abogado antes que la corte entre una orden en divorcio o anulacion, usted puede perder su derecho a damandar cualquiera de esto. Lleve esta demanda a un abogado o si no tiene el dinero suficiente de pagar tal servico, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra estcrita abajo para averiguar donde se puede consequir asistencia legal. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)249-3166 ANNEMARIE L. MCKENZIE, Plaintiff ROBERT E. MCKENZIE, JR., Defendant 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - L,~W : : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301{D) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by her attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is Annemarie L. McKenzie who currently resides at 944 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, having so resided since 1998. 2. Defendant is Robert E. McKenzie, Jr. who currently resides at 333 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, having so resided since August 31, 2001. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 7, 1995 in Dauphin County, Pennsylvania. 5. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 6. There have been no prior actions ofdivome or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiffand Defendant are both citizens of the United States. 10. Plaintiffavers that there is one minor child of the parties. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNTII 11. Paragraphs one (1) through ten (10) are incorporated herein by reference as if fully set forth. 12. Plaintiff states that the Plaintiff and Defendant possess various items of both real and personal marital property which are subject to equitable distribution by the court. WHEREFORE, Plaintiff respectfully requests that this Court: (a) Equitably distribute all real and personal property owned by the parties; (b) For such further relief as the Court may deem equitable and just. Date: By: Respectfully submitted Gar~ I~. Rothschild, Esquire Supreme Court I.D. No. 62041 3211 North From Street, Suite 303 Harrisburg, PA 17110 (717) 221-8330 Attorney for Plaintiff 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. § 4904 relating to unswom falsification to authorities. Date Annemarie L. McKenzie ~ T~e LAW OFFICES OF GARY L. ROTHSCHILD 2215 FOREST HILLS DRIVE, SUITE 35, NORTHWOOD OFFICE CENTER HARRISBURG PA 17112 ANNEMARIE L. MCKENZIE, Plaintiff ROBERT E. MCKENZIE, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5379 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Gary L. Rothschild, Esquire, being duly sworn according to law, depose and say that I served a copy of the Divorce Complaim, in the above-captioned matter, by depositing it in the United States mail, return receipt requested, addressed as follows: Mr. Robert E. McKenzie, Jr. 333 Mulberry Drive Harrisburg, PA 17055 The return receipt card is attached hereto as evidence of service. Date: ! By: G~ary~. Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff Sworn and Subscribed to Before me this ,4q-~ day of October, 2001. NOTARY PUBLIC My Commission Expires: ANNEMARIE L. MCKENZIE, Plaintiff ROBERT E. MCKENZIE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLTNTY, PENNSYLVANIA : : NO. 01-5379 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE I Compt~e Iterm~ 1, 2, and 3. Also complete · Attach thl~ card to tffe back of the malll~ece, or on the front If space pem~its. / Htem 17 OYes [] No [] Registered [] Insured M~ 4. Restn~ed D~h~7~ ~ra Fee) C.O.D. PS Form 3811, July !. SERVICE OF DIVORCE COMPLAINT THE LAW OFFICES OF OARY L. ROTHSCHILD 2215 FOREST HILLS Dmv~, SU~RTHWOOD OmcE CENTER HARRISBURG, PA 17112 ANNEMARIE L. MCKENZIE, Plaintiff Mo ROBERT E. MCKENZIE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5379 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE PRAECIPE TO WITHDRAW COUNTS TO THE PROTHONOTARY: Please withdraw Count II of Plaintiff's Complaint in Divorce. Dated: tz/2b/o/ By: Respectfully Submitted, Sup. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff ~ om ~ GARY L. ROTHSCHILD 2215 Fog~r HILLS DRIVE, SUITE 35, NORTHWOOD OFFICE CENTER _~_,?a_~qURO PA 17112 ANNEMARIE L. MCKENZIE, Plaintiff Vo ROBERT E. MCKENZIE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5379 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE PRAECIPE INDICATING SOCIAL SECURITY NUMBERS OF PARTIES TO THE PROTHONOTARY: The Social Security number of the Plaintiff, Annemarie L. McKenzie, is 191-46-1596. The Social Security number of the Defendant, Robert E. McKenzie, Jr., is 004-54-7837. Dated: tqgb//a/ By: Respectfully Submitted, Gary,~,. l~othschild, Esquire Sup. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff OF '" ':: ';""?" :, ........ H )NOT/'~Y BEC 26 &M 10:[,3 r', ~t,,',,q~ :, z:;~, f~ COUNTY MATRIMONIAL SETTLEMENT AGREEMENT ENNc~L¢,NiA THIS AGREEMENT, made this 13 day of~001' by and between ANNEMARIE L. MCKENZIE, hereinafter referred to as "Wife" and ROBERT E. MCKENZIE, hereinafter referred to "Husband". WITNESSETH: WHEREAS, the parties hereto, being Husband and Wife were lawfully married on November 7, 1995 in Dauphin County, Pennsylvania; and WHEREAS, there is one minor child of the parties, Maxwell S. McKenzie, born May 10, 1997; and WHEREAS, Wife has commenced an action in divorce in the Court of Common Pleas of Cumberland County, docketed to No. 01-5379 (hereinafter referred to as the "Divorce Action") on September 14, 2001; and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and 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 hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: !, INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on legal grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party, which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code. Each party shall execute an "Affidavit of Consent" and "Waiver of Notice of Intention To Request Entry of a Divorce Decree" upon the expiration of the mandatory ninety (90) day waiting period. 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. 5. NON-MERGER It is the parties' intent that this Agreement does not and will not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement pertaining to equitable distribution, alimony, alimony pendent lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereinafter enacted. _6. DATE OF EXECUTION 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. 7. DISTRIBUTION DATE The transfer of property, funds, documents and/or any other thing or provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. _8. FINANCIAL 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. 9_.. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they 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 proceeding. 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. J.O. DIVISION OF BANK ACCOUNTS, The parties acknowledge that they have divided their marital bank/credit union accounts to their satisfaction and that any bank/credit union accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive, release, renounce and forever abandon whatever right, title, interest or claim he/she may have in the other party's respective accounts. kl. AUTOMOBILES. A. .Division of Automobiles. The parties acknowledge that they are the owners of two (2) automobiles and agree to the following division of the automobiles: (i) The 1996 Caravan shall become the sole and exclusive property of Wife. There is currently no outstanding liability associated with this vehicle, however, the vehicle has been pledged as collateral on a home equity loan which Wife shall be responsible for as indicated in this agreement. (ii) The Taurus automobile shall become the sole and exclusive property of Husband. Husband shall be responsible for any outstanding liabilities associated with this vehicle. Husband has recently traded-in or sold the Expedition automobile in order to purchase the Taurus. Husband hereby indicates that he knows of no outstanding liabilities associated with the Expedition and agrees to be liable for any such liabilities if any such liability is subsequently determined to exist. B..Transfer of Ownership. The parties agree to execute the titles or assignments of lease agreernents to the aforesaid vehicles, if appropriate, to effectuate the transfer as herein provided on the date of execution of this Agreement and said executed title/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include a "Limited Power of Attorney if the title or lease property of Husband. ttusband shall be responsible for any outstanding liabilities associated with this vehicle. Husband has recently traded-in or sold the Expedition automobile in order to purchase the Taurus. Husband hereby indicates that he knows of no outstanding liabilities associated with the Expedition and agrees to be liable for any such liabilities if any such liability is subsequently determined to exist. B. Transfer of Ownership. The parties agree to execute the titles or assignments of lease agreements to the aforesaid vehicles, if appropriate, to effectuate the transfer as herein provided on the date of execution of this Agreement and said executed title/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include a "Limited Power of Attorney if the title or lease The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them in a manner agreeable to both parties. The parties also mutually agree that, except as set forth in this agreement, 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. 13. EMPLOYEE BENEFIT PLANS Currently Husband and Wife both have Employee Benefit Plans or retirement plans through their respective employment as police officers with the City of Harrisburg. Additionally, Wife has a Tax Deferred Savings Plan with the City of Harrisburg which has an approximate value of $12,000.00. Except as may otherwise be provided herein, 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 Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, ESOPP, Tax Deferred Savings Plan and/or any other employee benefit plan (collectively referred to as "Employee Benefit Plans") of the other party and hereafter said Employee Benefit Plans shall become the sole and separate property of the party named in the Employee Benefit Plans or through whose employment said Employee Benefit Plans are carried. 14. REAL PROPERTY .Marital Residence, The parties acknowledge that they own real estate known as 944 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence'~) which was acquired during the marriage. The parties agree that the marital residence shall be transferred into Wife's name alone simultaneously with the signing of this agreement. The marital residence is subject to a mortgage with GMAC Mortgage Company, which currently has of an outstanding balance of approximately $167,000.00. The marital residence is also subject to a second mortgage or equity loan with Commerce Bank, which currently has an outstanding balance of approximately $14,000.00. Wife agrees to indemnify, protect and save Husband harmless from said mortgages and home equity loan and all future encumbrances. Husband does specifically waive, release, renounce and forever abandon whatever right, title and interest he may have in the marital residence which shall become the sole and separate property of Wife. The parties acknowledge that they know of no mortgages, liens, encumbrances or other indebtedness to which the residence is subject to, except those mortgages, liens, encumbrances or other indebtedness set forth in this Paragraph. 15. MISCELLANEOUS PROPERTY All marital property not otherwise mentioned in this Agreement shall be hereafter owned by the party to whom the property is titled; and if untitled, by the party in possession. This Agreement shall constitute a sufficient Bill Of Sale to evidence the transfer of any and all rights in such property from each party to the other. 16. DEBTS/POTENTIAL LIABILITIES The parties acknowledge that, in addition to the debts listed in paragraph 14 above, they have the following joint debts and individual debts as set forth herein: A. Joint Debts-None. B. Wife's Individual Debts-VISA Credit Card, with an approximate outstanding balance of $8,000.00. C. Husband's Individual Debts (i) Sears Credit Card, with an approximate outstanding balance of $ 6,000.00 (ii) J. C. Penney Department Store debt with an approximate outstanding balance of $ 750.00. Wife hereby agrees that she shall assume full liability for the above-referenced debt, set forth in paragraph 16 B., and shall indemnify and hold Husband harmless for any and all liability arising from said debt. Husband hereby agrees that he shall assume full liability for the above-referenced debts, set forth in paragraphs 16 C.(i) through C.(ii), and shall indemnify and hold Wife harmless for any and all liability arising t¥om said debts. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same become(s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to not use any credit card or other debt instrument for which the parties have joint liability or any potential liability. The parties agree to cooperate in closing any remaining accounts which provide for joint liability. 17. CHILD SUPPORT The parties agree that Husband shall pay Wife the sum of $300.00 per month, effective October 1, 2001, as child support for the parties' minor child, Maxwell S. McKenzie. Husband shall continue to maintain the child on his health insurance coverage. The parties agree to equally divide any unreimbursed medical expenses. These child support payments shall be made directly to Wife. In the event Husband faits to make two (2) consecutive support payments, this Agreement shall be filed with the county Domestic Relations Office for administration. Both parties reserve the right to have their matter heard by the Domestic Relations Office in the future. 18. LEGAL FEES, COSTS AND EXP.ENSES Wife acknowledges that she has been represented by Gary L. Rothschild, Esquire and Husband acknowledges that he has not been represented by an attorney relative to this Agreement and the above referenced divorce action, although advised to hire his own attorney. The parties acknowledge and agree that each shall be responsible for the payment of any fees owed to their respective attorney. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of counsel fees. The parties acknowledge and agree that each shall be responsible for the payment of any and all costs and expenses incurred by that party. Except as stated herein to the contrary Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of costs and expenses. 1_9. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent and language of this Agreement. 20. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHT:; Each party understands that he or she had the right to obtain from the other party a complete inventory or list of all of the property that either or both parties owned at the time of separation and at the time and/or owned at this time 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 the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. I0 Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exemised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. 13. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have 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 determine which property is marital and which is non-marital, and equitably divide and distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. F. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child support, spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, counsel fees, costs and expenses. II 21. FURTHER DEBT Wife agrees that she shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 22. FURTHER DEBT Husband agrees that he shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 23. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent Agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future, including, but not limited to the following: spousal support, alimony, alimony pendente lite, division of property, claims or rights of dower and right to live in the marital home, right to act as executor or administrator of the other's estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other and any claim or right in the distributive share or intestate share of the other parties' estate. 24. TAX ON PROPERTY DIVISION. The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit 12 Reduction Act of 1984 or other similar tax acts (hereinafter the "Act"), specifically, the provisions of the said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provision of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. 25. TAX RETURNS Heretofore the parties have filed joint income tax returns, including federal, state and local 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 party, each agrees to indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment 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 atbresaid tax returns. 26. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, if not already pending, both parties relinquish the right to divide said property in any manner not consistent with 1.3 the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 28. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 29. FULL DISCLOSURE Each party asserts that she or he has made a full and complete disclosure of all the real, personal and all other property or assets of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each of them, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. _30. SOCIAL SECURITY NUMBERS Husband hereby acknowledges and warrants that his Social Security number is 004-54-7837. Wife hereby acknowledges and warrants that her Social Security number is 191-46-1596. 3_1. BREACH AND COSTS T.O ENFORCE 14 In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra-judicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable for all expenses of curing the default, including, but not limited to reasonable attorneys' fees, court costs and expenses. 32. BANKRUPTCY In the event that either party hereafter obtains a discharge in bankruptcy whereby debts that are herein assumed by that party would then become the sole liability of the non-discharged party, or where one party would be discharged of his or her obligation to the non-discharged party under any provision regarding equitable distribution of marital property, then this agreement may be modified by a court of competent jurisdiction in order to effect a net distribution of assets and assumption of liabilities as intended by this agreement. 33. AGREEMENT ENTERED INTO VOLUNTARILY AND AGREEMENT .CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: A. Has carefully read each paragraph and each provision of this Agreement; B. Has given careful and mature thought to the making of this Agreement; C. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, including the parties' assets and liabilities; 15 D. Wife has reviewed this Agreement with her counsel and has received guidance as to her rights and obligations under this agreement; E. Husband has elected not have counsel represent him, although advised to do so, and has not received guidance as to his rights and obligations under this Agreement, although advised to do so; F. Enters into this Agreement voluntarily after receiving the advice of independent counsel or has elected not to obtain advice of independent counsel; and G. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 3_4. AMENDMENT OR MODIFICATION This Agreement may only be amended or modified by a written instrument signed by both parties. 3~5. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, 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 obligations or duties under this Agreement or any one or more of the paragraphs of this Agreement, with the exception of the satisfaction of any conditions precedent, shall in no wa3, void or alter the remaining obligations or duties of the parties. 36. LAW APPLICABLE 16 This Agreement shall be governed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. 37. HEADINGS NOT PART OF_AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. · ~itr~ss 17 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF : On this, the. /3rJ day of/4~vcmbec- __ 2001, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared ANNEMARIE L. MCKENZIE, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~,~Ix~/__~.~,,J2.. _ (SEAL) Notary Public I N0xAa mu. I I MINDY $, ~, Noi¥ ~ I (:~y of Har~isl~g, DIuphln C. ounty COMMONWEALTH OF YEN~SYL, a~a : "- COUNTY OF : SS On this, the 2 nd day of gVo t,,er~ 6¢r 2001, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared ROBERT E. MCKENZIE, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, 18 hereunto set my hand and official seal. (SEAL) ANNEMARIE L. MCKENZIE, Plaintiff Vo ROBERT E. MCKENZIE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5379 CIVIL TERM : CIVIL ACTION - LAW : · IN DIVORCE AFFIDAVIT OF SERVICE I, Gary L. Rothschild, Esquire, being duly sworn according to law, depose and say that I served a copy of the Divorce Complaint, in the above-captioned matter, by depositing it in the United States mail, return receipt requested, addressed as follows: Mr. Robert E. McKenzie, Jr. 333 Mulberry Drive Harrisburg, PA 17055 The return receipt card is attached hereto as evidence of service. Date: ary Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff Sworn and Subscribed to Before me this ,4~-a- _ day of October, 200-1. NOTARY PUBLIC My Commission Expires: ANNEMARIE L. MCKENZIE, Plaintiff ROBERT E. MCKENZIE, JR., Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND : COUNTY, PENNSYLVANIA : NO. 01-5379 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE / .'7'o$5- 1~8~:°rm3811'Ju~'l-909 .: Dom~F~tur.~:~,~t . 102595-00.1~,~, SERVICE OF DIVORCE COMPLAINT ANNEMARIE L. McKENZIE, Plaintiff ROBERT E. MCKENZ1E, JR., Defendant : 1N THE cOURT OF coMMON pLEAS . CUMBERLAND coUNTY, pENNSYLVANIA : NO. 01-5379 CIVIL TERM · CIVIL ACTION ' LAW : : IN DIVORCE AFFIDAVIT OF coNSENT- A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on Date: September 14, 2001. is irretrievably broken and ninety 2. The marriage of plaintiff and Defendant (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. ANNEMARIE L. MCKENZIE, Plaintiff Vo ROBERT E. MCKENZIE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5379 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on September 14, 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 unsworu falsification to authorities. ANNEMARIE L. MCKENZIE, Plaintiff ROBERT E. MCKENZIE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5379 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. e L. McKenzie, Plaintiff C~ c~ C~ ANNEMARIE L. MCKENZIE, Plaintiff Vo ROBERT E. MCKENZIE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5379 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE o WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 ~C) OF THE DIVORCE CODE I consent to thc entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. l~o~ert E. MCKenzie, Jr.,~e~'~dan THE LAW OFFICES OF GARY'L. ROTHSCHILD 2215 FOREST HILLS DRIVE, SUITE 35, NORT~q-~OOi) OmcE CENTER H~mRISBURG, PA 17112 ANNEMARIE L. MCKENZIE, Plaintiff ROBERT E. MCKENZIE, JR., Defendant : 1N THE,COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5379 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, restricted delivery on September 19, 2001 and regular mail on September 19, 2001. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By Plaintiff 12/21/01 ; By Defendant 12/20/01. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 12/26/01; Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 12/26/01. Dated: 1¢26~/ G~-yoL R~)thschild, Esquire Sup. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS (DF CUMBERLAND COUNTY STATE OF ~~~ PENNA. ANNEMARIE L. MCKENZIE, Plaintiff VErsus ROBERT E. MCKENZIEo JR.. . Defendant NO. 01-5379 CIVIL TERM DECREE IN DIVORCE AND NOW, 2:)~...,/,,-./- 2. --~' DECREED THAT ANNEMARIE L. MCKENZIE AND ROBERT E. MCKENZIEt JR. are DIVOrCeD from the bONDS Of MATRimONY. , IT IS ORDERED AND , 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; Further, the Matrimonial Settlement Agreement executed by decree. The parties are ordered to comply with the terms of said Agreement. BY The COURT: PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW PENNSYLVANIA ~, ~laintiff VS. Defender : File No. IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the ~ day of ~'~. ¢o ~..~_~.,..-.--- , hereby elects to resume the prior surname of ~ ~_%_~.o__!~ LA ~. ~ ~%~ and gives this written notice pursuant to the provisions of 54 P.S. ~ 704. DATE:__ ~__~_~ ~ ~- ~gn~tu~e off name~beiog,~esumed-- COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF CUMBER[,AND : SS. On the ~7,~/.,. da of -T-- p _j. - ~ .... Y ~Ja~o~, ~00~ , before me, a Notary uo,lc, personally appeared the a~ove aff~ known to me to be the person whose name is subscribed to the within document and acknowledged that be/she executed the foregoing for the purpose therein contained. seal. In Witne.qs Whereof, I have hereunto set my band and official NOTARIAL SEAL JODY S, SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County -- ~NO ~:'a~cY Public