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06-5505
TRACY L. POLLOCK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ??o .?S(SS C 1 u I-l, CHRISTOPHER J. POLLOCK : CIVIL ACTION - LAW Defendant : 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 THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 l • TRACY L. POLLOCK, Plaintiff V. CHRISTOPHER J. POLLOCK Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. OL CIVIL ACTION - LAW IN DIVORCE elu-C-? COMPLAINT COUNT I - DIVORCE UNDER §3301(c) or §3301(d) OF THE DIVORCE CODE 1. Plaintiff is Tracy L. Pollock, who currently resides at 245 Regal View Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Christopher J. Pollock, who currently resides at 3225 Meadow Lane, Harrisburg, Dauphin County, Pennsylvania 18847. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 2, 1990 in Portage, Pennsylvania. 5. The parties have two (2) minor children: Kevin C. Pollock, born November 30, 1991 and Kelly M. Pollock, born December 1, 1991. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 11. Plaintiff respectfully requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated:"/ V44?L- Timothy J. C 1 q - e 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. 4 77944 VERIFICATION I, Tracy L. Pollock, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. 14904, relating to unsworn falsification to authorities. Date: q-1-3 TRACY L. OLLOCK Plaintiff C ti P 'v cr, mr-, a to r?? tV O i3T - U-n L TRACY L. POLLOCK, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5505 CIVIL TERM CHRISTOPHER J. POLLOCK : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY Please reinstate the Complaint in the above captioned matter pursuant to Pa. R.C.P. 1930.4(g). As required, attached please find the Original Process. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by: Timoth g squire Attorney ID No. 77944 Attorney for Plaintiff 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (717) 432-0426 (fax) Date: November 8, 2006 t"?7 t_ c "t7 _ ? -? ? "''` M_ _._ -?i. f....a i r" ??? =! C..o C:?J `a7 ""': Nichole M. Staley O'Gorman, Esquire PA Atty. ID No. 79866 PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717)234-4178 Email: nstale-ye-pkh.com TRACY LEE POLLOCK, Plaintiff vs. CHRISTOPHER J. POLLOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5505 CIVIL TERM IN DIVORCE CIVIL ACTION -LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Nichole M. Staley O'Gorman, Esquire in the above-captioned matter. n Nichole M. PtaieT_0`i7- ID #79886 1719 N. Front Street r Harrisburg, PA 17112 Date: PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: , Esquire Please enter the appearance of Christopher J. Pollock, pro se, in the above- captioned matter. Date: Y19 t-JoU ©So Christo er 4oilock, pro se 3225 Meado Lane Harrisburg, PA 18847 c, ?r y ? G"3 s' TRACY L. POLLOCK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5505 CIVIL TERM CHRISTOPHER J. POLLOCK : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Angel Revelant, being duly sworn, deposes and says that she is an adult and that she served the within Divorce Complaint on the Defendant, at the Defendant's last known address as follows: 3225 Meadow Lane, Harrisburg, PA 17109, by certified mail, restricted delivery, return receipt requested on the 27th day of November, 2006. The Certified Mail Receipt and PS Form 38111 is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: December 12, 2006 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF YORK WILEY, LENOX, COLGAN & MARZZACCO, P.C. By: Angel R lant On this, the 12`h day of December, 2006, before me, a notary public, personally appeared Angel Revelant known to me or satisfactorily proven to be the person whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. .t J, N A RY PUBLIC ommission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanette L. Roberts, Notary Public Dillsburg Boro, York County My Commission Expires Aug. 22, 2010 Member, Pennsylvania Association of Notaries 4 A" ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: r 1 S {7 v i 'cwlOw 1o- r-? I-A A Sign 13 Agent X ? Addressee F14ceived by (Primed Name) C. Date of Delivery kLl-k D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No Ice Type ATcertifiedi Mali ? Express Mail ? Registered AaMetum Receipt for Merchandbs ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 106W 2. Article Number 7006,-0100 0 0 Q Lt V 7 0 9 9 .. 3 712 (T/a?rsfe/ from service label) ; PS Form 3811, February 2004 Domestic Rstum Reoeipt t 401-iaa EXHIBIT "Ar' C`7 ?- ?? z } E`j y. r?a !A? ???t ?? ?1? ?? a. W MARITAL SETTLEMENT AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between TRACY L. POLLOCK of Cumberland County, Pennsylvania ('Wife") and CHRISTOPHER J. POLLOCK of Dauphin County, Pennsylvania ("Husband"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on June 2, 1990, in Portage, Pennsylvania. WHEREAS, Husband and Wife are the parents of the following children: Kevin C. Pollock, born on November 30, 1991; and Kelly M. Pollock, born on December 1, 1991, ("the Children"); WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to: (1) the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and b) the ownership of all assets and debts of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: 4. ADVICE OF COUNSEL Husband was represented by Kelly McNaney Dick, Esquire, of McNaney Law Offices; 2a4 North George Street, Suite 200, York, Pennsylvania, 17401. Attorney McNaney Dick no longer represents Husband. Husband currently represents himself. Wife is represented by Timothy J. Colgan, Esquire of Colgan Marzzacco, LLC, 130 West Church Street, Suite 100, Dillsburg, Pennsylvania, 17019. Both parties acknowledge that they are familiar with and fully understand the relevant law and relevant facts, including the assets, liabilities, income and expenses of the other party, and that each is fully aware of his or her rights and obligations. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Not withstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 5. DEFINITIONS 5.1. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et. seq. (effective March 19, 1991). 5.2. Date of Execution of This Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date that the last party signs this Agreement. 5.3. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. Referenced to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.4. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.5. Effective Date of Agreement. This Agreement shall become effective and binding upon parties on the execution date of this Agreement. 6. EFFECT OF DIVORCE DECREE This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction. It shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. Therefore, should either party obtain an order of separation or divorce in any jurisdiction, that parry shall take all reasonable steps to have this Agreement incorporated for enforcement purposes only, but not merged as part of any such order. 2 The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non-breaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). 7. EFFECT ON DIVORCE 7.1. Wife filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, on September 20, 2006, (reinstated on November 14, 2006) seeking a divorce decree pursuant to, among other provisions, Section 3301(c) or Section 3301(d) of the Domestic Relations Code. The parties shall promptly file the affidavits required to obtain a divorce pursuant to Section 3301(c) or (d) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievable broken and they do not desire marital counseling. 7.2. Responsibility for Processing With Divorce. Wife shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents and costs necessary to obtain the divorce decree. 7.3. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties, except for the divorce action referred to in Paragraph 7.1 of this Agreement (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 7.4. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 8. PERSONAL RIGHTS Each party shall be free from any direct or indirect interference by the other in his or her personal and business activities as of the date of execution of this Agreement. Except as is otherwise set forth in this Agreement, each party may reside wherever and with whomever he or she desires. The parties shall not interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of each other. Neither party shall enter the residence of the other party without the written or verbal permission of the other party. 3 9. WARRANTY OF DISCLOSURE Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets (including the basis and holding period of such assets, where applicable), liabilities and income and expenses, valued as of September 20, 2006, the date of separation of the parties, and as of the date of execution of this Agreement and that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. The parties acknowledge that: a) no formal appraisals have been conducted and that the values assigned to the assets merely are the good faith estimates of current fair market value/book value by the parties themselves and that the values ascribed to the assets might be very different if other methods of valuation were utilized; b) the parties assign very different values to many of the assets; and c) they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of documents, inspections, interrogatories, depositions or otherwise. Notwithstanding the foregoing, any further disclosure and any further statement in this Agreement regarding disclosure, is specifically waived, and each party waives any right which he or she may have to receive such additional disclosure or to challenge the validity of this Agreement on the grounds that he or she did not pursue such additional disclosure. 10. EQUITABLE DISTRIBUTION OF ASSETS 10.1.1. Marital Premises. Wife and Husband hold title as tenants by the entireties to the premises identified as 245 Regal View Drive, Carlisle, Pennsylvania (the "Premises"). The parties agree as follows with respect to the Premises: 1. Husband agrees to permit Wife to reside in the Marital Premises until December 31, 2010. On or before December 31, 2010, Wife must either assume or refinance the mortgage independently or, if Wife chooses, to sell the Premises. If Wife elects to sell the Premises, Wife and Husband shall equally split any equity remaining in the Premises. 2. Wife agrees to assume financial responsibility for all mortgages, utilities and home owner's insurance and will remove Husband's name from all accounts upon the date of distribution of this Agreement. 10.1.2. Personal Property. As of the date of execution of this Agreement, each party shall set over, transfer and assign to the other party all of his or her right, title, claim and/or interest in and to all of the personal property in the control of or possession of the other party, including, but not limited to, all furniture, furnishings, household appliances and equipment, art work and jewelry. 10.1.3. Credit Cards and Bank Accounts. 4 Husband has satisfied the following accounts and the accounts shall either be closed or Wife's name shall be removed contemporaneous with the signing of the Agreement: a. VISA Account# ending in 6422. b. Bank of America Account# ending in 3926. c. Tower Federal Credit Union Account# ending in 5961. 10.1.4. Motor Vehicles. Commencing on the date of execution of this Agreement, Wife shall retain possession of, as her own separate property, the 1996 Ford Mustang, the 2008 Acura and the 2000 Ford Explorer automobiles for her own use and disposition. Husband retained possession of the 2000 Ford Taurus and has gifted the vehicle to the parties' daughter, Kelly. Except as otherwise provided for in this Agreement, from the date of this Agreement, the party having title to an automobile shall be solely responsible for all expenses associated with the automobile, including, but not limited to, any sales or other taxes relating to the transfer, insurance, maintenance, gasoline, and liens and/or loans. Each party represents to the other party that, to the best of his or her knowledge, there are no outstanding liabilities relating to the automobiles existing as of the date of execution of this Agreement. Except to the extent that the foregoing representation is false, the party having title to an automobile shall be solely liable and shall keep the other party exonerated and indemnified against and held harmless from any past, present or future liability, including reasonable counsel fees and increased insurance premiums as a result of any accidents or claims in which the other party was involved. The other party shall keep the party who has title to the automobile exonerated and indemnified against and held harmless from any such increased insurance premium. Husband and Wife shall maintain their own separate car insurance policies for the vehicles in their possession as of the date of execution of this Agreement. 10.1.5. Life Insurance. Regardless of which party currently is designated the owner and/or beneficiary, all life insurance (including any cash value) identifying Husband or Wife as the insured and/or beneficiary, shall, at each parties' sole discretion, and as owner of the policy, be modified to identify whomever he or she designates as the insured and/or beneficiary. Each party represents that they have not taken any action to affect the cash value and/or continued effectiveness of such policies 10.2. Retirement Benefits. Wife and Husband hereby specifically release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. 10. 3. Other Property. Except as otherwise provided for in this Agreement, each party shall keep and retain sole ownership, control and enjoyment of all assets retained by him or her, transferred to him or her pursuant to the terms of this Agreement, titled in his or her name or in his or her possession or control as of the date of execution of this Agreement (provided that the existence and value of such property was disclosed to the other party prior to the date of execution of this Agreement), including all appreciation on those assets and all increments in value in those assets, and all assets acquired in exchange for those assets, free and clear of any claim, right or interest by the other party (including, without limitation, any claim or right to dower, curtesy, equitable distribution or other allocation or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or any other jurisdiction) and each party shall have the exclusive right to dispose of such assets without interference or restraint by the other (except as otherwise provided for in this Agreement) as if the marriage had not taken place and he or she had remained unmarred. Except as otherwise provided in this Agreement, the party having ownership or possession of an asset pursuant to the terms of this Agreement shall keep the other party indemnified against and held harmless from any liability or expense, including reasonable counsel fees, which is incurred in connection with such asset. Notwithstanding the foregoing or anything else in this Agreement to the contrary, each party shall indemnify the other against and hold him or her harmless from any tax consequences arising from the ownership of the assets he or she will be receiving and/or retaining pursuant to the terms of this Agreement, due to events prior to the date of the transfer of those assets. 10.4. Liens. Each of the parties represents and warrants that, except as specifically identified in this Agreement, he or she has not placed, nor caused to be placed, nor is aware of, any liens, encumbrances, easements or any other restrictions of record relating to the assets which shall be the property of the other party pursuant to this Agreement and which shall exist as of the date of execution of this Agreement. If, notwithstanding one of the parties' representation and/or warranty to the contrary, any such lien, encumbrance, easement or any other restriction of record has been placed on the assets which shall be the property of the other party pursuant to this Agreement as a result of the action or inaction of the party not receiving the asset as his or her property, then that party shall exonerate and indemnify the party receiving the asset as his or her property against and hold him or her harmless from any liability and/or expense, including reasonable counsel fees, which is incurred in connection with such lien, encumbrance, easement or other restriction of record relating to the asset involved. 10.5. Indemnification. From the date the title of a particular asset was or is transferred and except as otherwise provided for in this Agreement, the party who has title to an asset pursuant to the terms of this Agreement shall be solely responsible for all past, present and future expenses or liabilities attributable to and/or resulting from either party's interests in that asset, and/or by reason of the other party's former ownership thereof, including, if applicable, any tax consequences, mortgages, liens of any nature, real estate taxes, water and sewer rents, utility services, homeowner's insurance, gardening expenses, minor and major repairs, and routine maintenance and that party shall keep the other party exonerated and indemnified against and held harmless from any liability and/or expense, including reasonable counsel fees, which is incurred in connection with such asset or resulting from the other party's prior ownership interest in that asset. Notwithstanding the foregoing, if the parties file separate returns for the 6 calendar year during which the date of execution of this Agreement occurs; 1) Each party shall be solely responsible for reporting all taxable income received and shall be solely entitled to receive all deductions available for periods prior to the date of execution of this Agreement on all assets titled in his or her name or one-half of the assets titled jointly; and 2) regardless of when any transfer in actual title shall be made, each party shall be solely responsible for all such tax consequences as of the date of execution of this Agreement relating to any assets which he or she shall have or retain title to pursuant to the terms of this Agreement and one-half of all such taxable income and deductions for all assets which remain titled in joint names. 11. WAIVER OF ALIMONY Including the benefits provided for in this Agreement, Husband and Wife each have sufficient property and/or income to provide for his or her reasonable needs. Therefore, notwithstanding any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth in this Agreement, Wife and Husband expressly waive, discharge and release any and all rights or claims which he or she may have, now or hereafter, by reason of the parties' marriage, to alimony, alimony pendente lite, support, maintenance and/or any other such benefits resulting from the parties' status as husband and wife. 12. MEDICAL, DENTAL, VISION, PSYCHOLOGICAL AND PRESCRIPTIONS FOR HUSBAND Wife represents that she presently is carrying, for the benefit of Husband, insurance through her employer providing the following basic coverage: medical, dental, and prescriptions. Wife shall continue to carry insurance for the benefit of Husband until a final divorce decree is entered. 13. CREDIT Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 14. CHILD SUPPORT Husband has paid to Wife a lump sum payment in the amount of $21,273.50 that is in full satisfaction of Husband's child support obligations for the minor children. 15. INCOME TAX 15.1. Joint Returns. The parties shall sign and file joint federal, state and local income tax returns for the calendar year 2008 and for any subsequent year in which they 7 remain legally married to each other as of December 31 of such year if they are permitted to do so by the Internal Revenue Service or other applicable taxing authority. The parties shall promptly make available to each other all records and information reasonably requested by the other party for the preparation of any such joint tax returns, any claims for refund and/or defense of tax audits. 15.2. Liability for Current Joint Returns. In consideration of the filing of a joint return, Husband and Wife shall share equally all taxes owed pursuant to the joint income tax returns identified in Paragraph 14.1 and shall disburse equally any refunds to which the parties are entitled as a result of their filing those joint income tax returns. 15.3. Past Returns. Each party represents that, to the best of his or her knowledge, all income tax returns and other documents required to be filed with the Internal Revenue Service and any other taxing authority for calendar years 1990 through 2008 have been filed and that no notices have been received from the Internal Revenue Service or any other taxing authority which remain unresolved. Each party further represents to the other party that, to the best of his or her knowledge, the information set forth in the joint tax returns filed for calendar years 1990 through 2008 was and remains accurate and acknowledges that the other party relied upon such representations in signing those returns. 16. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 17. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS During the course of the marriage, Wife and Husband have incurred certain liabilities. Each party represents, covenants and warrants that, to the best of his or her knowledge and except as specifically otherwise provided for by the terms of this Agreement, as of the date of execution of this Agreement: a) no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife or affecting any jointly held properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, nor is Wife or Husband aware of any facts which to his or her knowledge might result in any such action, suit or proceeding; c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the party who incurred that debt shall exonerate and indemnify the other party against and hold the other party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and d) he or she shall not incur any liability whatsoever in the future for which the other party or the estate of the other party may be liable, and shall exonerate and indemnify the other party against and hold the other party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other party. 8 18. RELEASE OF TESTAMENTARY CLAIMS Except as specifically provided for in this Agreement: a) each of the parties shall have the right to dispose of his or her property by last Will, or otherwise, as he or she chooses, without any claim by the other party; b) the estate of each of the parties, of whatever nature, shall belong to whoever would have been entitled to it, as if the decedent had been the last to die; c) each party shall permit any Will of the other to be probated and allow administration upon his or her estate of whatever nature to be taken out by whoever would have been entitled to do so had Husband or Wife died during the lifetime of the other; d) neither Husband nor Wife shall claim against or contest the Will and/or the estate of the other; and e) each of the parties covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 19. MUTUAL WAIVERS AND RELEASES 19.1. Except as specifically provided for in this Agreement, this Agreement constitutes a full and final resolution of any and all claims which each of the parties ever had, now have or may have in the future against the other party and/or the estate of the other party, including, but not necessarily resulting from, their status as Husband and Wife. Therefore, except for all rights and obligations specifically arising under this Agreement, the parties each do, for themselves and for their heirs, executors, administrators, successors, and agents, hereby mutually waive, remise, release, quitclaim and forever discharge the other party and the heirs, executors, administrators, successors and agents of the other party, for all time to come and for all purposes whatsoever, of and from any and all right, title, interest, cause of action and/or claim in or against the other (except for divorce), or the assets of the other, or against the estate of the other, of whatever nature (including, but not limited to, the assets identified pursuant to this Agreement as belonging to the other party, any income and/or gain from such property, and any assets of whatever nature acquired by the other party prior to or subsequent to the date of execution of this Agreement) and which he or she now has or at any time in the future may have against the other, the estate of the other or any part thereof, whether in law or in equity, whether known or unknown, matured or unmatured, and whether arising under the laws of any jurisdiction and including, but not limited to, the following: (i) out of any former acts, contracts, engagements or liabilities or such other; (ii) pursuant to inheritance, elective and/or intestate rights to the other party's estate, including, without limitation, claims for dower, curtesy, widow's or widower's rights, family exemption, a distributive share, survivor's allowance, benefits under a retirement plan, under the intestate laws, the right to take against the deceased spouse's Will, the right to treat a lifetime conveyance by the other as testamentary, and all other rights of a surviving spouse to challenge a deceased spouse's Will, challenge the other party's Will, and/or participate in a deceased spouse's estate as administrator, executor or otherwise; (iii) right to share in any retirement benefits for the other spouse, except social security; and (iv) for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including, but not necessarily limited to, equitable distribution), 9 counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. 19.2. Neither party may apply to any court for a modification of this Agreement, whether pursuant to the Divorce Code or any other present or future stature or authority. In the event that either of the parties shall nevertheless seek such a modification of this Agreement, that party shall indemnify the other party against and hold the other party harmless from any; loss resulting therefrom, including reasonable counsel fees and costs. 19.3. The releases and waivers contained in this Agreement are effective only as to those assets disclosed to the other party prior to the date of execution of this Agreement. 20. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. 21. REVOCATION OF POWER OF ATTORNEY Wife shall no longer serve as Husband's Power of Attorney and Husband shall no longer serve as Wife's Power of Attorney. All previous such Powers of Attorney are hereinafter null and void. The parties agree that they shall each destroy any and all originals or copies of said documents immediately upon signing this agreement. 22. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such party to enforce those terms in the future. 23. REMEDIES IN THE EVENT OF A BREACH 23.1. In General. In the event of a breach of any of the provisions of this Agreement by one of the parties, the remedies available to the non-breaching are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity, under the Divorce Code, as amended, including Section 3105 (which includes contempt), as if this Agreement had been an Order of the Court, and shall not be limited to those remedies specifically referred to in this Agreement. In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non- breaching party harmless for all losses resulting from such breach, including, but not 10 v limited to, actual counsel fees, and costs relating to such breach, whether or not litigation is instituted. 24. INTEGRATION Except as otherwise set forth in this Agreement, this Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other express or implied, oral or written representations, terms, covenants, conditions, agreements or warranties, of any nature whatsoever, other than those expressly set forth in this Agreement. 25. WAIVER OF ILLEGALITY The parties believe that all of the provisions of this Agreement are lawful and enforceable. However, Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any reason, illegal or unenforceable in whole or in part. Husband and Wife shall forever be estopped from asserting any illegality or unenforceability as to any provision of this Agreement. 26. SEVERABILITY If any provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. The failure of any party to meet her or his obligations under any provision of this Agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. AGREEMENT NOT ASSIGNABLE BUT BINDING UPON AND BENEFITING HEIRS, ETC. Except as specifically provided for in this Agreement, this Agreement shall not be assignable by either party without the prior written consent of the other party, except that this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, successors and agents. The obligations of a party shall be reduced by any assets of that party, including the benefits from life insurance acquired by that party, which are received by the other party as a result of that party's death. 28. MUTUAL COOPERATION Each party shall promptly take all reasonable steps for the purpose of giving full force and effect to the provisions of this Agreement, including executing any documents that the other party may reasonable request. Such request shall be fulfilled within ten (10) business days after receipt of written demand pursuant to this Agreement. 11 29. LAW OF PENNSYLVANIA APPLICABLE The parties recognize that the laws of the Commonwealth of Pennsylvania may be modified or changed subsequent to the date of execution of this Agreement, but understand and agree that regardless of where the parties may reside or be domiciled in the future and regardless of the situs of any of the parties' real and/or personal property, this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 30. EFFECT OF RECONCILIATION OR ATTEMPT TO RECONCILE This Agreement shall remain in full force and effect, even if the parties cohabit or attempt to reconcile. 31. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shall not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 32. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity in this Agreement, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. The "Whereas" clauses contained on page 1 of this Agreement are an integral part of this Agreement and shall be considered in determining the parties' intent in interpreting this Agreement. 33. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be an original and which together shall constitute one and the same instrument. WHEREFORE, the parties hereto have set their hand and seals this 4r!- . day of 2009. WITNESS: maotq Nbv-W 12 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the _ day of , 2009, before me, a Notary Public for the Commonwealth of Pennsylvania, res" ing in the County Xt, personally appeared TRACY L. POLLOCK, known to me 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 hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Ndarial Seal Helen I. Shambaugh, Notary Public Notary Public kv(er Allen Twp., Cumberland County Commission Expires Dec. 19, 2009 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF G(l1l?l:?t.c. /a4 d SS. N On this, thor,29 day of /T) u , 2009, before me, a Notary Public for the Commonwealth of Pennsylvania, resid" g in the County of D , personally appeared CHRISTOPHER J. POLLOCK, known to me 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 have hereunto set my hand and official seal. m p pLTHiOf PEI*SYLVANU°? Y *MWY DICK ?Public ,?, Cumbe 5, 2011 Notary Public k!? . Ctt) 13 RID-OF OF 11-E PRJr T[ Ml 2009 JUN -5 PM 1: 16 PENNSYLVAN A TRACY L. POLLOCK, Plaintiff V. CHRISTOPHER J. POLLOCK Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5505 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT . i 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on September 20, 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 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. b :k 7o?ld?a? [?1 W. oit- 1 ?: ?J +15 Pti TRACY L. POLLOCK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5505 CIVIL TERM CHRISTOPHER J. POLLOCK : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date C st her . ollock Defend Pt, 1. 15 MWO9149 TRACY L. POLLOCK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-5505 CIVIL TERM CHRISTOPHER J. POLLOCK : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on September 20, 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 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. 1 understand that false statements made herein are subject to the penalties of 1$ Pa. C.S. §4904 relating to unsworn falsification to authorities. ro-3-n9 Date Tracy L. Pollock Plaintiff OF t9nuwY: 2•? ..5 PM 1: 15 COUNTY YAt?iA TRACY L. POLLOCK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5505 CIVIL TERM CHRISTOPHER J. POLLOCK : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 if I do not claim them before a divorce is granted. 3. 1 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswonz falsification to authorities. Date Tracy L. flock Plaintiff OF 11 tHU"--,RCE TAR`f MJUM -5 PH 1: 15 m .T I % TRACY L. POLLOCK, Plaintiff V. CHRISTOPHER J. POLLOCK Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5505 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The was served by Certified Mial, Restricted Delivery, Return Receipt Requested on November 27, 2006, said Affidavit of Service was filed with this Honorable Court on December 18, 2006. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff. June 3, 2009 . By Defendant: June 2. 2009. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated May 18, 2009, and is being filed simultaneously with this Praecive. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Being filed simultaneously with this Praeciue: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Being filed simultaneously with this Praeciue. Respectfully Submitted, COLGAN MARZZACCO, LLC By Timothy A4Calan wire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: `.-r_° T RUD-OfFa OF THE PROTONOTARY 209 JUN -5 PM 1: 18 PENNSYLVANIA TRACY L. POLLOCK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-5505 CIVIL TERM CHRISTOPHER J. POLLOCK : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Plaintiff in the above matter intends to resume and hereafter use the previous name of Tracy Lee Williams and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. Section 704(a) as amended which permits a party in a divorce action at any time prior to or subsequent to the entry of the divorce decree to resume any prior surname used by that person. Date: tip - 3--o? COMMONWEALTH OF PENNSYLVANIA COUNTY OF Tracy Le ollock TO BE KNOWN AS: Tracy Le Williams : SS On this, the -;?J day of aur-e- , 2009, before me, the undersigned officer, personally appeared Tracy Lee Pol k, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Helen I. Shambaugh, Notary Public Lower Allen Twp., Cumberland County My Commission Expires Dec. 19, 2009 Member, Pennsylvania Association of Notaries (SEAL) NOTARY LIC P IT ftv CWNTY A't'rf Pa 3cA4 TRACY L. POLLOCK, V. CHRISTOPHER J. POLLOCK, DIVORCE DECREE AND NOW, IVV.)Vl 10 ,_, it is ordered and decreed that TRACY L. POLLOCK, , plaintiff, and CHRISTOPHER J. POLLOCK, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms and provisions of the Marital Settlement Agreement signed by the parties and dated May 18, 2009 are hereby incorporated but not merged in the Decree and remain binding upon the parties. By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5505 CIVIL TERM Attest: J. rothonotary 4t lei&