Loading...
HomeMy WebLinkAbout06-4588 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ No. D~ -l/.sn Civil Term PAMELA A. KELL-MA YS, Plaintiff ALAN L. MAYS, : ACTION IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT H.4. VE ALA WYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA ~ No. Of, J L/STf' Civil Term PAMELA A. KELL-MA YS, , Plaintiff ALAN L. MAYS, : ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Pamela A. Ken-Mays, a competent adult individual, who resides in Cumberland County, Pennsylvania. 2. Defendant is Alan L. Mays, a competent adult individual, who has resided at 34 Lismore Place, Mechanicsburg, Cumberland County, Pennsylvania, since 2003. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months i~ediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on November 28, 1993 in Clark County, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any ofits allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce, 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 unsworn falsification to authorities. ~l~;~~< Respectfully submitted, Date: D \ <6 ~L Adams, Esquire . No. 79465 South Pitt Street Carlisle~Pa. 17013 (717) 745-8508 A TTORNEYFOR PLAINTIFF i ~ '8% C;:::L i50 ~B: o:~ ~ o ~ - 6S :c: '<.} ~ Q.. ..:,::::J C1' if?h I.JZ (..!) ,::r.:';Z ~ LljuJ ___ il 0- ;g5 ~ (,) ":)..... C") ~O~~ ~~ ~ ::$, ~ ...a- \I, ~~~~ PAMELA A. KELL-MA YS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06 - 4588 Civil Term ALAN 1. MAYS, : ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this August 21,2006, I, Jane Adams, Esquire, hereby certify that on August 16,2006, a certified true copy of the NOTICE TO DEFEND AND DIVORCE COMPLAINT was served, via certified mail, return receipt requested, addressed to: Alan 1. Mays 34 Lismore Place MecharUcsburg,Pa.17055 DEFENDANT e Adams, Esquire . No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 A TIORNEY FOR PLAINTIFF ~ ,..., ~ $ ~o;l ~ i\\~ rn ~~. q? ,<.)' .~ N ~~ <::C --0 ~~ :s: '~ 0) ~ N ;;0:; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA A. KELL-MAYS, Plaintiff NO. 06-4588 CIVIL ACTION - LAW v. IN DIVORCE ALAN L. MAYS, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 9, 2006.. 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 in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ( ( - ( 7 - 00 V~ fl. Kid-~~ PAMELA A. KELL-MAYS (") c S'::. "0 OJ mrT, '2:;;'." Zf,. (fl ".c. :sC'.,';; ~. 'J'>-. .~.b )>c ~ ~ e::> e::> 0"' o r1'1 c-> I ~ :r:n ;'23 02:, ..-1..... :r:-n 0-- ~';70 "-rn 9 s; ;..,,:;, s: C5 .. o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA A. KELL-MAYS, Plaintiff NO. 06-4588 CIVIL ACTION. LAW v. IN DIVORCE ALAN L. MAYS, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A OIVORCE [)ECR"EE UNDER SECTION 3301 (Q 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 this Waiver 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. Dated: ,I - { 7 - 010 ~ C. '/Vi->>ldJ,S PAMELA A. KELL-MAYS 7 g ~ -"0 (P. CQq~ "2t.. {}J ,!. :.(..:. r:;C ~ ~(, ~ .-~~ ct...' yf.; ~ ~ ~ ~ '""' \ ~ ~--n f1"h; -=Bt( - go :c ::fi Q~ ~ - ~ ~ q - ....... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA A. KELL-MAYS, Plaintiff NO. 06-4588 CIVIL ACTION - LAW v. IN DIVORCE ALAN L. MAYS, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 9, 2006. 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 in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 1~/4Io~ ~~~~ ALAN L. MAYS ~ ~ ~ ("'") , c:i" 2- ~. --ot"iJ D;q' 0~~ ~c )?;.C' bC':;; 7C z :.? -0 :;r:. ~ :t,--n f'I."'lf: ~o fJJ d::J C) .~ti\ __1- -'f'\ (~2 (~ (Sm ..-\ ~ - (J"\ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA A. KELL-MAYS, Plainti ff NO. 06-4588 CIVIL ACTION - LAW v. IN DIVORCE ALAN L. MAYS, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (g 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 t.he decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: '2/ c.f loc., ALA0(6l, ~ (") r-v = ~ c = s: c::r. -0 cr: 0 :r f1lr" ,.." rn:n 2:; c-:> --01; ~.~~.. I en ;~1? ! i~:: '::::10 -0 -r- -i~ 1 :c',- " :% 'iM -c: 0 7 ~ =z U1 '" -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA A. KELL-MAYS, Plaintiff NO. 06-4588 CIVIL ACTION - LAW v. IN DIVORCE ALAN L. MAYS, Defendant MARITAL AGREEMENT BETWEEN ALAN L. MAYS AND PAMELA KELL-MAYS Attorney for Plaintiff Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 E-mail: esqadams@aol.com Phone: 717-245-8508 Fax: 717-243-9200 Attorney for Defendant Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 email: dianeradcliff@comcast.net Phone: 717-737-0100 Fax: 975-0697 TABLE OF CONTENTS RECITALS ...... ...................................................... ............. 01 SECTION I General Provisions........... .... ........ ..... ......... ........... ............. 01 SECTION II Distribution of Property and Debts........................................... 05 SECTION III Counsel Fees, Support, Alimony, etc. ....................................... 09 SECTION IV Closi ng Provisions and Execution ............................................ 10 NOTARy.......................................................................... 11 MARITAL AGREEMENT THIS AGREEMENT made this _ day of , 2006, by and between PAMELA A. KELL-MAYS, ("Wife") of Cumberland County, PA, and ALAN L. MAYS, ("Husband") of Cumberland County, PA. PREAMBLE AND RECITALS R-1. WHEREAS, the parties hereto are husband and wife. They were married on November 23, 1993 in CLark County, Nevada and separated on July 30, 2006. R-2. WHEREAS, There were no children born of this marriage. R.3 WHEREAS, 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 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 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. 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. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in Wife's Cumberland County, PA divorce action docketed to No. 06-4588. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall - 1 - execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within ten (10) business days of receipt of those signed Affidavits and Waivers, or if a Divorce Master had been previously appointed then within Ten (10) business days of receipt of order revoking his appointment, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Wife sole cost and expense. 1.03. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into but not merge with the Divorce Decree. 1.04. DATES. The "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of this Agreement unless otherwise specified herein. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for Husband, and Jane Adams, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge that this Agreement is being entered into freely and voluntarily after having received such legal 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. 1.06. FINANCIAL DISCLOSURE. Each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debt, their separate estates and their respective incomes. The parties confirm that each has relied on the substantial accuracy of that financial disclosure as an inducement to the execution of this Agreement. The parties hereby waive any further disclosure of the parties' marital assets and debt, their separate estates and their respective incomes, except for such disclosure that may be necessary as a result of a breach of this Marital Agreement. 1.07. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. - 2 - 1.08. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for aLL purposes whatsoever, of and from the following: A. Claims A~ainst Property or Estate: Any and aLL right, title, interest and/ or claims in or against the other party, 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 party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (ili) any other country; C. Marital Ri~hts: 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 fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.09. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment - 3 - of said statute or replacement thereof by any other similar laws. B. Damaqes: The right to damages arising out of breach of the terms of this Agreement. C. Attorneys Fees and Costs. The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach of this Agreement. D. Other Remedies: Any other remedies provided for in law or in equity. E. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.10. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state 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 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 failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: Assuming the parties are divorced by the end of the year, the parties shall file individual tax returns for the current tax year and for every tax year hereafter. If they are no divorced by the end of the year, the parties acknowledge that they have not reached an agreement regarding the filing of any the tax returns for the current tax year. Each of the parties shall hereafter determine what tax filing status is advantageous to him or her and shall attempt to reach an agreement with that other party to file the tax returns accordingly. Absent a future mutual agreement, the parties shall file individual tax returns hereafter. C. Preservation of Records: Each party will keep and preserve for a period of -4- three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. D. No Tax on Property Division: Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. 1.11. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. SECTION DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY. Except as follows the parties agree that they have - 5 - previously divided all of their tangible and intangible property to their mutual satisfaction, including but not limited to the distribution of household goods and furnishings, vehicles, bank accounts, certificates of deposit and other monetary deposits, investment, life insurance, stock, retirement plans and the like. Pursuant to that agreement the parties acknowledge and agree that all such tangible and intangible property in the possession and/or name of Husband shall be and remain the sole and separate property of Husband free and clear of all claims of Wife; and all such tangible and intangible property in the possession and/ or name of Wife shall be and remain the sole and separate property of Wife and free and clear of all claims of Husband. Concurrently with the execution of this agreement Wife shall execute all documents necessary to remove her name from the joint savings account No. 99 with Susquehanna Valley FCU so that husband will be come the sole owner thereof. 2.03. REAL ESTATE. The jointly owned real estate known and numbered as 34 Usmore Place, Mechanicsburg, PA 17050, ("the Real Estate"), and encumbered with a mortgage owed to Countrywide Mortgage, ("the Mortgage"), the following shall apply: A. Listing: The Real Estate shall be listed for sale with Tony Leo of ReMax or any other mutually agreeable real estate broker within 14 days of the date of this Agreement. The initial listing price shall be $184,900.00 and a commission of 6%. The parties shall thereafter market and sell the Real Estate at the fair market value of the Real Estate, the parties further agreeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker. B. Distribution of Proceeds: Upon the sale and settlement of the Real Estate, the net proceeds derived, after payment of the Mortgage and all other normal and reasonable settlement costs, shall be applied to the payment of the following, listed in order of priority of payment: 1. Payment to Husband: A payment to Husband in an amount equal to 61 % of the net proceeds or $35,000 whichever is greater; 2. Payment to Wife: A payment to wife of the balance remaining after payment to Husband. C. Possession and Expenses: As long as Husband resides in the Real Estate and pays the Mortgage, Husband shall be entitled to exclusive possession of the Real Estate. As long as Husband resides in the Real Estate shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes and insurance, and shall indemnify, protect and save Wife harmless therefrom. - 6 - 2.04. DEBTS. The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: A. To Wife: Wife shall be solely liable for and shall timely pay any credit cards, loans, debts and Liabilities incurred in Wife's individual name. B. To Husband: Husband shall be solely liable for and shall timely pay any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. After Acquired Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. D. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. E. Waiver. Each of the parties specifically waives, releases, renounces and - 7 - forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. F. Liens: In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/ or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. G. After Acquired Debts: Each of the parties represents and warrants to the other at since the parties' marital separation he or he has not contracted or incurred any debt or liability for which the other or his or her estate might be responsible. Each of the parties further represents and warrants to the other party that he or she will not contract or incur any debt or liability after the execution of this Agreement for which the other or his or her estate might be responsible. Each of the parties shall indemnify and save the other party harmless from any and all claims or demands made against him by reason of debts or obligations incurred by him or her. H. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. I. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. J. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. K. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes - 8 - due and payable. L. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. L. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL. AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 3.03. HEALTH INSURANCE. The following shall apply regarding health insurance: A. Health Insurance for Spouse: If either party currently carries health insurance coverage on the other party, that party shall continue to provide that health insurance coverage on the other party until the date of the entry of the Divorce Decree, and the other party shall be entitled to elect Cobra coverage in accordance with federal rules and regulations provided that he or she shall be solely be responslble for the payment of the costs and premiums therefor. B. Health Insurance Documentation: Any party having the insurance coverage on the other party or the pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the - 9 - insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING 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, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: ALA~< (SEAL) Date: \ O~ \\ ~ alp ,t1J'- SEAL) Date: - 10 - , .' COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF Cumberland On this the --Lttday of Dc::{)o~, 2006, before me the undersigned officer, personally appeared, ALAN L. MAYS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA Notarial Seal Diane G. Raddiff, Notary Public Camp Hill Bora, Cumbel1and County My Commission Expires Jan.~~~~ SS. Member, Ph1fl$ylvan;~ l~5sndntk,rl (lr Notaries COUNTY OF cumber~~f~ : On this the ~ day of () M~ , 2006, before me the undersigned officer, personally appeared, PAMELA KELL-MAYS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereu COMMONWEALTH OF PENNSYLVANIA Notarial Seal ~ane Adams, Notary Public Carhsle ~o.ro, Cumberlanrl County My CommIssIon Expires Sept. 6, 2088 - 11 - ~ ~ ~::~ t::? !"'^'\ C-) - u:> '"1:"--' ..~-~ .~ c5 en PAMELA A. KELL-MA YS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006 - 4588 Civil Term ALAN L. MAYS, ACTION IN DIVORCE Defendant 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: irretrievable breakdown under S3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via restricted delivery, return receipt requested, received on: August 16, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: November 17, 2006 By Defendant: December 4, 2006 4. Related claims pending: None, 5. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: December 6, 2006. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: December 1, 2006. Date: /J.. I /3 ' o{P Respectfully Submitted: - .. .~lf.. c{eb~ J e Adams, Esquire 1. . No, 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff o -TI o --l . , t-; f',.) C) C) ----. ----- ~ ~~~~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Pamela A. Kell-Mays, Plaintiff PENNA. STATE OF No. 2006 - 4588 Civil Term No. VERSUS Alan L. Mays, Defendant DECREE IN DIVORCE AND NOW, D~(<,.....,~u l ~ Pamela A. Kell-Mays , L 00 ~ , IT IS ORDERED AND DECREED THAT , PLAI NTI FF, Alan L. Mays AND , 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; None; the marriage settlement agreement which was executed October 16, 2006 and filed December 13, 2006 shall be incorporated and not merged into this Decree. AT J. PROTHONOTARY ;t; ~ ff.ff.~ ff. ff. ~ ff.ff.;t;ff.ff.~ ff. ff.~ ff. ~ ~ ff.ff. ff.ff. ~ ~ ~ ~ ff. ~ ff. ~ ~ ~ ~ ff. ;t; ~ . ~ ~ ~ ~ ~J1, ~c?' re ,t'/ """'I'P P ? ~~.J -p;p ";tJ. fC. t'1 ~.: . .... ,j. ft. .."'.. 'iI